Re: [CPEO-BIF] Rhode Island School Siting Legislation

[Lenny Siegel <lsiegel@cpeo.org>]

From:  steve.fischbach@gmail.com

I wanted to answer Peter's questions.  If you want to post them I  
guess that's okay.


(b)(1)  refers to a property or parcel "in close proximity thereto".   
Does RI law define "close proximity"?  What does that mean?

No, that term is not defined.  In this situation we wanted to be  
clear that an off-site source of vapors was enough to trigger the ban.

(c) there seems to be no room allowed for using mitigation measures  
such as a sub-slab depressurization system.  Am I correct in my  
reading of the legislation?  Was that the intent of the drafters?

Yes, that is the intent of the drafters.  These systems break down  
frequently (or at least they do in the schools here) and our state  
agency doesn't want to have to deal with that problem anymore.

Steven Fischbach
Community Lawyer
Rhode Island Legal Services
56 Pine Street--Suite 400
Providence, RI  02903

401-274-2652 X-182
401-453-0310 (fax)
steve.fischbach@gmail.com


> Steve:
>
> I have  a few general questions concerning the legislation  
> (introduced):
>
> (b)(1)  refers to a property or parcel "in close proximity  
> thereto".  Does RI law define "close proximity"?  What does that mean?
>
> (c) there seems to be no room allowed for using mitigation measures  
> such as a sub-slab depressurization system.  Am I correct in my  
> reading of the legislation?  Was that the intent of the drafters?
>
> Thanks,
>
> Peter Strauss
>
>
> On Mar 3, 2011, at 12:12 PM, Lenny Siegel wrote:
>
>
> > Begin forwarded message:
> >
> >
> > > From: Steve Fischbach <steve.fischbach@gmail.com>
> > >
> > > Here is a link to legislation recently introduced in Rhode Island  
> > > which bans the construction of schools on sites where there is a  
> > > potential for vapor intrusion to enter into a building; and  
> > > requiring a more through review and public process for school  
> > > projects proposed on sites formerly used for industrial or  
> > > landfill purposes.  This legislation was developed by a  
> > > stakeholder group established by a court order as part of the  
> > > lawsuit I brought many years ago challenging the siting of two  
> > > schools on the former Providence City Dump.
> > >
> > > http://www.rilin.state.ri.us/billtext11/housetext11/h5630.pdf
> > >
> > >
> > > Steven Fischbach
> > > Community Lawyer
> > > Rhode Island Legal Services
> > > 56 Pine Street--Suite 400
> > > Providence, RI  02903
> > >
> > > 401-274-2652 X-182
> > > 401-453-0310 (fax)
> > > steve.fischbach@gmail.com

--

Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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