Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.8 - Conditions for Authorization

Current through June 14, 2024
A. The owner of a
				  facility with a proposed groundwater discharge shall obtain authorization from
				  the Director pursuant to these rules prior to construction and installation of
				  a groundwater discharge system. Compliance with all requirements of a
				  Groundwater or Stormwater Discharge System Registration or a Groundwater
				  Discharge System Approval or Temporary Approval, and these rules, is required
				  prior to commencement of any groundwater discharge system operation. The owner
				  shall comply with any State or federal requirement that is more stringent than
				  these rules, where applicable.
B. A
				  Registration or Approval shall be issued only for those facilities in which the
				  groundwater discharge system is designed, located, constructed, installed,
				  operated and maintained so as to prevent adverse impact to the groundwater
				  resources of the State or a violation of these rules or any other State or
				  federal law, rule, regulation or standard.
C. A Registration or Approval issued pursuant
				  to these rules shall not be construed to authorize any groundwater discharge
				  that violates any requirement of these rules.
D. A Registration or Approval shall not be
				  issued if the Director determines that another treatment or disposal method
				  that affords better protection of the groundwater resources is reasonable and
				  available.
E. A Registration or
				  Approval issued pursuant to these rules shall not authorize any injury to
				  persons or property or invasion of other property rights or any infringement of
				  other State or federal law, rule, regulation or standard.
F. Any application or associated information
				  submitted to the Director pursuant to these rules, with exception for §
										4.18 of this Part, and any
				  required technical information or technical report subsequently submitted in
				  support of an application pursuant to these rules that is significantly
				  different from the original application, shall be prepared by or under the
				  direction, and bear the seal, of a Professional Engineer (P.E.) registered with
				  the Rhode Island State Board of Registration for Professional Engineers. A
				  Professional Engineer registered in Rhode Island after December 31, 1994 must
				  be registered as a Civil or Environmental Engineer.
G. Any application submitted to the Director
				  pursuant to these rules shall be signed by the owner of the facility or as
				  follows:
1. For a corporation: by a principal
				  executive officer of at least the level of vice-president or a duly authorized
				  representative of the facility. A person is a duly authorized representative of
				  the facility and its owner(s) if the authorization is made in writing by the
				  legal signatory, specifies an individual or position having responsibility for
				  the overall operation or is submitted to the Director either prior to or with
				  documents signed by the authorized representative;
2. For a partnership or sole proprietor: a
				  general partner or proprietor or a representative authorized in writing by a
				  general partner or proprietor, respectively; or,
3. For a state, federal, municipal or
				  quasi-public agency: an office director, department director or authorized
				  representative thereof or ranking elected official.