Rhode Island § 46-32-2 - PFAS in Drinking Water, Groundwater, and Surface Waters

§ 46-32-2. Interim drinking water standard and testing requirements.

(a) As used in this chapter, “PFAS contaminants” means perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).

(b) On or before July 1, 2023, all public water supply systems in the state as defined by § 46-13-2, except transient, non-community water systems as defined by the department of health in 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:

(1) If monitoring results detect the presence of any PFAS contaminants individually or in combination in excess of the interim drinking water standard level of twenty parts per trillion (20 ppt), the public water supply system shall conduct continued quarterly monitoring.

(2) If monitoring results detect the presence of any PFAS contaminants individually or in combination at a level equal to or below the interim drinking water standard level of twenty parts per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.

(3) If monitoring results do not detect the presence of any PFAS contaminants, the public water supply system shall conduct continued monitoring every two (2) years.

(c) If monitoring results under subsection (b) of this section confirm the presence of any PFAS contaminants individually or in combination in excess of the interim drinking water standard level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a manner consistent with applicable regulations governing synthetic organic contaminants, including but not limited to, requiring a confirmation sample, prior to directing the public water supply system to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the public water supply system below the interim drinking water standard level.

(d) If the PFAs contaminants exceed the interim drinking water standard, the department shall, within one hundred eighty (180) days of being notified of the exceedance, draft and enter into a consent agreement with a public water supply system requiring dates for submittal of construction plans and specifications, prepared and stamped by a professional engineer registered in accordance with the provisions of chapter 8 of title 5, to the department of health, to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking water of the public water supply system to at or below the interim drinking water standard level. If the department has not approved a consent agreement within one hundred eighty (180) days, the director of the department will take any and all action necessary to obtain compliance in accordance with subsection (e) of this section.

(e) The director of the department of health is authorized to enforce the requirements of this chapter in accordance with the provisions of chapter 13 of this title and violations will be subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision of the director, a penalty imposed for violation, or the fact of violation pursuant to the provisions of chapter 35 of title 42 (the “administrative procedures act”).