Town Council Passes Resolution Asking State Legislature for Mining Regulation

At their December 8 meeting the Town Council unanimously passed the resolution below asking that the RI General Assembly enact legislation that directs the Department of Environmental Management to establish standards for earth removal, quarrying, and gravel extraction that occurs within 1,000 feet of a residential dwelling or school. This resolution is a coordinated effort with Charlestown’s State Representative Blake Filippi who will champion the legislation in the RI Legislature.


A RESOLUTION RELATIVE TO THE NEED FOR STATE REGULATION OF EARTH REMOVAL, QUARRYING, GRAVEL EXTRACTION AND BLASTING

WHEREAS, the Town Council of the Town of Charlestown has been besieged with complaints from Bradford area and Charlestown residents concerning earth removal, quarrying, gravel extraction and blasting on property located in the Town of Westerly; and

WHEREAS, at several Town Council meetings these residents explained the undesirable externalities of dust, noise, vibration, truck traffic and other such impacts on their several properties; and

WHEREAS, earth removal, quarrying, gravel extraction and blasting pose distinct risks to the health, safety and welfare of those in adjacent residential neighborhoods and schools; and

WHEREAS, those risks include, without limitation, the contamination of water supplies, contamination of air resources, injury from blasting and noise pollution; and

WHEREAS, despite its best efforts, the Rhode Island Department of Environmental Management has been unable to provide sufficient relief to these Bradford Area and Charlestown residents; and

WHEREAS, despite its best efforts, the Office of the State Fire Marshall has been unable to provide sufficient relief to these Bradford Area and Charlestown residents; and

WHEREAS, the Town Council believes it imperative for the State of Rhode Island, through its Department of Environmental Management, to establish standards for earth removal, quarrying, gravel extraction that occurs within 1,000 feet of a residential dwelling or school; and

WHEREAS, the Town Council believes it imperative for the State of Rhode Island, through its Office of State Fire Marshall, to establish standards for blasting that occurs in relation to earth removal, quarrying, gravel extraction and blasting, and within 1,000 feet of a residential dwelling or school; and

NOW, THEREFORE, BE IT RESOLVED that we, the Town Council of the Town of Charlestown, Rhode Island, respectfully request that the General Assembly enact legislation that directs the Department of Environmental Management to establish standards for earth removal, quarrying, and gravel extraction that occurs within 1,000 feet of a residential dwelling or school. The Town Council believes legislation must include the following areas of regulation: setbacks or buffers for processing, setbacks or buffers for processing from ordinary high water levels, wetlands, water supplies and wellhead protection areas, hours of operation, groundwater and surface water quality and quantity monitoring and mitigation planrequirements, air monitoring and data submission requirements, fugitive dust control requirements, respirable dust control requirements, operational decibel levels at the property borders, noise testing and mitigation plan requirements, inspection requirements, containment requirements for chemicals used in mining and blasting, financial assurance requirements; and

BE IT FURTHER RESOLVED that we, the Town Council of the Town of Charlestown, Rhode Island, respectfully request that the General Assembly enact legislation that directs the Office of the State Fire Marshall Management to establish standards for blasting that occurs in relation to earth removal, quarrying, gravel extraction and blasting, and within 1,000 feet of a residential dwelling or school. The standards and criteria must include: limits on the total magnitude of blasts, limits on the weather conditions when blasting may occur, hours when blasting may occur, blasting notification requirements for neighbors, the State Fire Marshall and local authorities, and blasting monitoring plan requirements; and

BE IT FURTHER RESOLVED that the Town Clerk is hereby instructed to submit a copy of this resolution to the Town of Charlestown’s State Senators and State Representative in the Rhode Island General Assembly, State Fire Marshall, Director RI DEM, and Governor in consideration of their support to submit and act to pass this amendment to the General Laws.

The RESOLUTION shall take effect immediately upon the date hereof.
By resolution of the Charlestown Town Council
At a meeting held on December 8, 2014