reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.23 - Appeals

Current through June 14, 2024
A. General - The procedures for appeal of
				  Departmental decisions pursuant to the provisions of R.I. Gen. Laws Chapter
				  42-35 are contained in Part 10-00-1 of this Title.
B. Appeal Procedures for Applications for
				  Orders of Approval and Water Quality Certifications - The applicant may appeal
				  to the Director for review of the decision on an application for approval by
				  filing an appeal with DEM/Administrative Adjudication.
1. Filing of Appeal - All appeals shall be in
				  writing and shall be filed with and received by DEM/Administrative Adjudication
				  within thirty (30) days after the effective date of the denial of the subject
				  application.
2. Contents of Appeal
				  - Every appeal shall comply in all respects with Part 10-00-1 of this Title and
				  at a minimum contain the following:
a. A
				  detailed basis upon which the appeal is taken;
b. A plat plan of the area of the subject
				  application; and
c. A list of the
				  names and addresses of the applicant, the municipality in which the property is
				  located and all abutters.
3. Notice of Administrative Hearing - Upon
				  the filing of an appeal with DEM/Administrative Adjudication, and once the
				  hearing schedule allows, DEM/Administrative Adjudication shall notify the
				  following, by first class mail, of the date, time and place of the adjudicatory
				  hearing, in conformance with R.I. Gen. Laws §
											42-35-9:
a. The applicant,
b. The municipality in which the property is
				  located,
c. All abutters and all
				  other persons who received notice pursuant to §
												1.17(D)(1)
				  of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.24 - Sampling

Current through June 14, 2024
A. Water Quality Testing - Surface water
				  samples shall be collected, preserved, and analyzed in accordance with
				  40 C.F.R. §
											136, incoprorated above in §
										1.3(A) of
				  this Part, Guidelines establishing Test Procedures for the Analysis of
				  Pollutants. Other methods recommended by the EPA may be used, if legally
				  acceptable.
B. Bioassays -
				  Bioassays shall be performed in accordance with protocols listed in
				  40 C.F.R. §
											136, incorporated above in §
										1.3(A) of
				  this Part,and Methods for Measuring the Toxicity and Bioaccumulation of
				  Sediment-associated Contaminants with Freshwater Invertebrates, incorporated
				  above in §
										1.3(B) of
				  this Part, or other methods if approved by the Director and legally acceptable.
				  A more detailed explanation of state requirements pertaining to bioassays is
				  given in the most recent RIDEM bioassay protocol.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.25 - Water Quality Classifications

Current through June 14, 2024
A. General - This
				  waterbody classification listing is consistent with the geographical/numerical
				  waterbody listing in the State of the State's Waters Report, also known as the
				  305(b) Report. The waters included generally conform to those shown on United
				  States Geological Survey 1:24,000 Topographic Maps and National Oceanic and
				  Atmospheric Administration Nautical Charts (various scales). At a minimum, all
				  major rivers and river segments greater than 1 mile in length, ponds 10 acres
				  and larger (terminal drinking water reservoirs less than 10 acres are
				  retained), and estuarine waters are included in this listing. To determine the
				  classification for waterbodies which are not listed, follow the General Water
				  Quality Classification Rules listed below and in §
										1.9(E) of
				  this Part.
B. Coldwater/Warmwater
				  Fisheries - Freshwater rivers and streams, and lakes and ponds are designated
				  as coldwater, warmwater or unassessed based upon the potential for the presence
				  of brook trout by evaluating current and historical presence/absence
				  information, habitat, water quality and physical characteristics data. Where
				  coldwater fish exist in waters not yet designated as coldwater, the coldwater
				  fish and habitat will be protected as an existing use.
C. The following is a list of symbols used in
				  the water quality classification listing:
1. #
				  - Located next to the Waterbody ID number, the # indicates a segment where the
				  Water Effect Ratios (WERs) and Site Specific Criteria (See §
											1.26 of this Part)
				  apply.
2. @ - Located next to the
				  Waterbody ID number identifies the terminal reservoir of the public drinking
				  water supply.
3. * - Located next
				  to the Waterbody ID number identifies a closed safety zone.
4. {a} - Located next to the classification,
				  {a} indicates a partial use designation due to impacts from CSOs.
5. {b} - Located next to the classification,
				  {b} indicates a partial use designation due to impacts from a concentration of
				  vessels.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.26 - RIDEM Ambient Water Quality Criteria and Guidelines for Toxic Pollutants

Current through June 14, 2024
A. General -
				  Section 304(a)(1) of the Clean Water Act,
				  33 U.S.C. §
											1314, requires the USEPA to develop and
				  publish water quality criteria. The USEPA has published criteria for a number
				  of the pollutants listed pursuant to Section 307(a)(1) of the Clean Water Act,
				  33 U.S.C. §
											1317, as well as for other toxic substances,
				  based on available toxicological information on the pollutants. Section
				  303(c)(2)(B) of the Clean Water Act,
				  33 U.S.C. §
											1313, requires States to adopt numeric
				  criteria to protect the uses of their waters from all toxic pollutants listed
				  pursuant to Section 307(a)(1) (33 U.S.C. §
											1317) for which
				  criteria have been published pursuant to Section 304(a)(1) (33 U.S.C. §
											1314), and which are present, or could
				  reasonably be expected to be present, at levels that would impair the uses. A
				  complete list of "priority pollutants" is contained in
				  40 C.F.R. §
											423, incorporated above in §
										1.3(G) of
				  this Part. §
										1.26 of this Part contains
				  the ambient chemical-specific numeric criteria and guidelines for aquatic life
				  and human health which satisfies the requirements of Section 303(c)(2)(B)
				  (33 U.S.C. §
											1313). Certain criteria in the table have
				  been modified and approved by EPA in accordance with applicable EPA
				  guidance.
B.
										§
										1.26(J) of
				  this Part contains the acute and chronic aquatic life criteria and minimum data
				  base guidelines for freshwater and saltwater and two sets of human health
				  criteria.
1. The first column of human health
				  criteria represents criteria applicable to waters where the designated route of
				  exposure is due to consumption of drinking water and aquatic
				  organisms.
2. The second column
				  under human health represents criteria applicable to waters where the
				  designated route of exposure is due only to consumption of aquatic
				  organisms.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.27 - The Implementation of the Antidegradation Provisions of the Rhode Island Water Quality Regulations

Current through June 14, 2024
A. Introduction -
				  Antidegradation Standard
1.
											§
											1.20 of this Part is based
				  on the Federal Antidegradation Policy requirements,
				  40 C.F.R. §
												131.12 and adopted under the authority of
				  R.I. Gen. Laws Chapters 46-12, 42-17.1 and 42-35.
2. Antidegradation is one of the minimum
				  elements required in state water quality standards. The provisions of the State
				  Antidegradation Regulations have as their objective the maintenance and
				  protection of various levels of water quality and uses.
3. The Rhode Island Antidegradation
				  provisions consist of four (4) tiers of water quality protection which are
				  defined in general terms in §
											1.20 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.28 - Special Resource Protection Waters (SRPWs)

Current through June 14, 2024
A. The
				  following list contains surface waters of the State which have been designated
				  by the Department as SRPWs. RIDEM objectively established a list of SRPWs. This
				  list of designated SRPWs includes the waterbody name, location and water
				  quality classification for each SRPW. Additional information on SRPWs is
				  available from RIDEM.
B. Special
				  Resource Protection Waters (SRPWs) are high quality surface waters identified
				  by the Director as having significant ecological or recreational uses, which
				  may include but are not limited to: wildlife refuge or management areas; public
				  drinking water supplies; State and Federal parks; State and Federal designated
				  Estuarine Sanctuary Areas; waterbodies containing critical habitats, which may
				  include but are not limited to waterbodies identified by the RIDEM Natural
				  Heritage Program as critical habitat for rare or endangered species; wetland
				  types or specific wetlands listed as rare, threatened, endangered, of special
				  interest or of special concern by the RI Natural Heritage Program; waterbodies
				  identified by the U.S. Department of the Interior on the Final List of Rivers
				  for potential inclusion in the National Wild and Scenic Rivers
				  System.
C. Table of Special
				  Resource Protection Waters
Click to view
					 image
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.29 - Rhode Island Site Specific Aquatic Life Water Quality Criteria Development Procedure

Current through June 14, 2024
A. Introduction -
				  There is valid scientific rationale for the contention that the National
				  criteria derived using the November 28, 1980 National guidelines, 45 FR 79341,
				  may be underprotective or overprotective at specific sites. National water
				  quality criteria proposed under Section 304(a) (33 U.S.C. §
											1314) or Section 307(a)(1) (33 U.S.C. §
											1317) toxic pollutants are based on
				  laboratory toxicity tests in which aquatic organisms were exposed to known
				  concentration of toxicants in laboratory water and, thus, may not adequately
				  represent site water and effluent effects. The underlying intent of adopting
				  water quality criteria into the State's standards is to establish a set of
				  conditions which, if consistently achieved, will not impair the biological
				  integrity of the aquatic community residing in the waterbody.
B. A prominent aspect of the National
				  criteria is a provision allowing for modification to reflect local
				  environmental conditions. Incorporating site specific water quality criteria
				  into discharge permits will still ensure that the aquatic community is
				  adequately protected from the effects of toxic pollutant discharges, while
				  considering the mitigation of toxicity due to characteristics of a local
				  waterbody and effluent. The need to reevaluate the National criteria and
				  develop site specific criteria can emerge from many factors including:
1. High natural ambient concentrations
				  relative to standards or criteria.
2. The presence of substances for which water
				  quality based effluent limits are below analytical detectability.
3. The possibility of complex or synergistic
				  interactions of chemicals within the effluent and/or site water.
4. Observed beneficial or detrimental effects
				  on the receiving water biota.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.30 - Surface Water Quality Action Levels for Per- and Polyfluoroalkyl Substances (PFAS)

Current through June 14, 2024
A. The purpose of
				  an action level is to provide information to the Department that may be
				  reflective of sources of emerging contaminants. This part establishes a process
				  by which the Department shall be notified of, and by which it may seek,
				  additional information and data on potential sources of PFAS in surface waters.
				  This part specifies concentration levels which, if exceeded, requires
				  notification of the Department as describe in §
										1.30(D) of
				  this Part. These action levels are not applicable as ambient water quality
				  criteria.
B. The following
				  numerical surface water quality action levels for specific per- and
				  polyfluoroalkyl substances are applicable to Rhode Island surface waters.
1. [PFOA] + [PFOS] + [PFHxS] + [PFNA] +
				  [PFHpA] + [PFDA] + [PFHxA] + [PFPeA] is equal to or greater than 70 nanograms
				  per liter
Where,
PFOA = perfluorooctanoic acid
PFOS = perfluorooctane sulfonate
PFHxS = perfluorohexane sulfonic acid
PFNA = perfluorononanoic acid
PFHpA = perfluoroheptanoic acid
PFDA = perfluorodecanoic acid
PFHxA = perfluorohexanoic acid
PFPeA = perfluoropentanoic acid
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.31 - Enforcement

Current through June 14, 2024
A. Where the Director has reason to believe
				  that a violation of any part of the Rules herein has occurred, the Director may
				  issue a notice of violation or immediate compliance order pursuant to R.I. Gen.
				  Laws Chapter 42-17.1.
B. For
				  violations that are of a continuing nature, each and every day that the
				  violation exists shall constitute a separate and distinct violation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.32 - Penalties

Current through June 14, 2024
A. Penalties will be assessed in accordance
				  with the Rhode Island Rules and Regulations for Assessment of Administrative
				  Penalties Part 130-00-1 of this Title, for any violation of these
				  rules.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.1 - Purpose

Current through June 14, 2024
A. In accordance with the Marine Waterways
				  and Boating Facilities Act of 2001, R.I. Gen. Laws Chapter 46-6.1, the purpose
				  of these regulations is to:
1. Ensure that
				  dredging in the marine environment and management of the associated dredged
				  material is conducted in a manner which is protective of groundwater and
				  surface water quality so as to ensure the continued viability and integrity of
				  drinking water and fish and wildlife resources.
2. Balance the need to prevent environmental
				  degradation with the need to prevent undue delay in the planning, permitting
				  and implementation of dredging projects.
3. Enhance and streamline the permitting
				  process by treating dredging and management of dredged material as a distinct
				  class of activities to be regulated on the basis of the nature and
				  characteristics of the material to be dredged.
4. Encourage the beneficial use of dredged
				  material for brownfields redevelopment, beach nourishment, landscaping, habitat
				  restoration and/or creation, construction projects, landfill cover and other
				  useful purposes.
5. Identify and
				  list sites suitable for beneficial use and/or disposal of dredged material, and
				  establish criteria for identifying other suitable sites.
6. Establish standards and criteria governing
				  the dewatering of dredged material for beneficial use or disposal.
7. Ensure timely and coordinated review of
				  applications for dredging and/or management of dredged material, consistent
				  with timeliness and procedures set forth in statute, including internal
				  coordination within the Department and the issuance of a single regulatory
				  decision by the Director, as well as external coordination with the Coastal
				  Resources Management Council and with federal agencies to the extent they have
				  to act on a proposed project.
8.
				  Ensure that project planning and management of dredged materials follow the
				  ranking of priorities as set forth in statute and listed below, taking into
				  account the nature and characteristics of the dredged material, as well as
				  reasonable cost:
a. Beneficial use, including
				  but not limited to beach nourishment, restoration and/or creation of habitat in
				  the coastal zone;
b.
				  Disposal.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to the
					 Marine Infrastructure Maintenance Act of 1996, the Marine Waterways and Boating
					 Facilities Act of 2001, R.I. Gen. Laws Chapter 46-6.1, and are intended to be
					 consistent with the Hazardous Waste Management Act, R.I. Gen. Laws Chapter
					 23-19.1; the Fresh Water Wetlands Act, R.I. Gen. Laws §
										2-1-18 et seq.; the Clean Air Act,
					 R.I. Gen. Laws Chapter 23-23; the Groundwater Protection Act, R.I. Gen. Laws
					 Chapter 46-13.1; the Water Pollution Act, R.I. Gen. Laws Chapter 46-12; the
					 Coastal Resources Management Council Act, R.I. Gen. Laws Chapter 46-23; the
					 federal Coastal Zone Management Act
					 16 U.S.C. §
											1454 et seq.; the federal Water Pollution
					 Control Act, 33 U.S.C.
					 §
											1251 et seq. (a/k/a the federal Clean
					 Water Act), in accordance with Chapter 42-35, and the Administrative Procedures
					 of the R.I. Gen. Laws.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.3 - Application

Current through June 14, 2024
A. The terms and provisions of these Rules
				  and Regulations shall be liberally construed to permit the Department to
				  effectuate the purposes of state law, goals and policies.
B. These Rules and Regulations apply to all
				  aspects of dredging proposed in marine waters of the State of Rhode Island, and
				  govern the issuance of all Department approvals required under state law and
				  delegated federal law, including determinations relating to the protection of
				  water quality, wetlands and fish and wildlife; and, to the extent applicable,
				  the management of solid or hazardous waste. If the project involves a
				  significant alteration to freshwater wetlands, then §
										2.9(C)(4) 
				  of this Part applies.
C. These
				  Rules and Regulations shall be implemented in accordance with a written
				  protocol, adopted jointly by the Department and the Council for purposes of
				  further coordinating and streamlining the interagency review of applications.
				  The Department and the Council may update the protocol from time to time for
				  said purposes, and shall provide a copy of the most recent version with their
				  application materials.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.5 - General Provisions

Current through June 14, 2024
A. No person shall
				  perform dredging, dewatering, handling, disposal, or make beneficial use of
				  dredged material without prior written approval from the Director, except as
				  provided for in §
										2.12 of this
				  Part.
B. Dredging, dewatering,
				  handling, disposal, or beneficial use of dredged material, whether licensed or
				  unlicensed, shall not cause pollution of the waters of the United States or the
				  State of Rhode Island so as to violate the Water Pollution Act, R.I. Gen.
				  Laws., Chapter 46-12, the Groundwater Protection Act, R.I. Gen. Laws Chapter
				  46-13.1, the Fresh Water Wetlands Act, R.I. Gen. Laws §2-1 - 18 et seq.,
				  or §§402 and 404 of the Clean Water Act,
				  33 U.S.C.
				  1251 et seq.; or cause air pollution,
				  including objectionable odors and fugitive dust, so as to violate the Clean Air
				  Act, R.I. Gen. Laws Chapter 23-23 or the federal Clean Air Act,
				  42 U.S.C. §
											7401 et seq., and any regulations promulgated
				  under these authorities.
C. In
				  accordance with 40 C.F.R.
				  §
											230.10, the in-water disposal of
				  dredged material is prohibited unless:
1.
				  There is no practicable alternative to the proposed disposal that would have
				  less adverse impact on the aquatic ecosystem, and that would not itself have
				  significant adverse environmental consequences. A practicable alternative is
				  defined as one that is "available and capable of being done after taking into
				  consideration cost, existing technology and logistics in light of the overall
				  project purposes";
2. The disposal
				  will not cause or contribute to violations of applicable water quality
				  standards;
3. The disposal will not
				  cause or contribute to significant degradation of waters of the state;
				  or,
4. Appropriate and practicable
				  steps to minimize the potential adverse impacts of the disposal on the aquatic
				  environment have been taken.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.6 - Pre-Application Process

Current through June 14, 2024
A. Before
				  submitting an application for permission to dredge, applicants are strongly
				  encouraged to take advantage of pre-application opportunities to consult with
				  the Department, the Council and any other agencies with jurisdiction. The
				  purpose of pre-application consultations is to provide applicants with guidance
				  and assistance in preparing a complete application, including the results of an
				  approved sampling plan, so that the application can be reviewed and acted on in
				  accordance with the timelines set forth in statute.
B. To initiate a pre-application
				  consultation, applicants should provide notice of a preliminary proposal to
				  dredge to the Council. Upon receipt of such notification the Council will
				  schedule a joint CRMC-Department pre-application meeting with the applicant.
				  The Department shall designate a single point of contact for purposes of this
				  and all subsequent meetings on the proposal. This point of contact will usually
				  be a member of the Office of Technical and Customer Assistance (OTCA).
				  Depending on the specifics and status of the application, representatives of
				  several Department programs will be asked to participate, including in
				  particular:
1. Office of Water
				  Resources
2. Office of Air
				  Resources
3. Office of Waste
				  Management
4. Division of Fish and
				  Wildlife
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.7 - Characterizing Material to be Dredged

Current through June 14, 2024
A. An application
				  for permission to dredge must include adequate characterization of the material
				  to be dredged, in accordance with the specific provisions set forth in these
				  regulations and any guidance provided by the Department with the application
				  form(s). The Department may waive a specific requirement to the extent the
				  Department finds the requirement is not applicable or the information requested
				  is either not necessary or already available to determine compliance.
B. The Sediment Sampling Plan must provide
				  the following information:
1. A site plan of
				  the area to be dredged, including topography and bathymetry;
2. The proposed depth of dredging;
3. The location of all proposed sample
				  collection points, which must be representative of the material(s) to be
				  dredged. Sampling points must include, but not be limited to, areas impacted by
				  past spill events or otherwise known or suspected to contain contamination, and
				  areas near outfalls, fueling docks or pumps;
4. Proposed testing parameters and protocols
				  in accordance with §
											2.7(C) of
				  this Part; and,
5. Proposed
				  sampling procedures and sample handling protocols conducted in accordance with
				  §
											2.7(F) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.9 - Land Disposal and Beneficial Use of Dredged Materials

Current through June 14, 2024
A. Applications that propose land disposal,
				  beneficial use and beach nourishment must include, at a minimum, the following
				  information:
1. Site plan(s), including all
				  applicable requirements as identified in §
											2.16 of this Part, Appendix
				  A;
2. Except in the case of beach
				  nourishment or where the dredged material meets the criteria in §
											2.9(B)(3) 
				  of this Part, documentation of uses and classifications of groundwater and
				  surface water at or around the disposal location, including:
a. Verification that the dredged material
				  disposal or beneficial use location is not within any area prohibited in §
												2.5(D) of
				  this Part;
b. Location of points of
				  groundwater use within 1750 feet of the disposal or beneficial use location,
				  or, if disposal or beneficial use is proposed within 200 feet of the coastal
				  zone, points of groundwater use within 400 feet of the disposal or beneficial
				  use location;
3. Stamped
				  calculations performed by a Professional Engineer with experience dredge
				  material handling, verifying the disposal or beneficial use location capacity
				  and the dewatering area capacity;
4. If the applicant is not the owner of the
				  proposed dewatering, disposal or beneficial use location(s), documentation of
				  the owner's permission indicating the estimated volume of dredged material to
				  be dewatered, disposed or beneficially used on his or her property.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.10 - In-Water Disposal of Dredged Materials

Current through June 14, 2024
A. Applications
				  that propose in-water disposal, except as provided in §
										2.10(B) of
				  this Part, must include the information listed below. Evaluation of this
				  information will be conducted in coordination with the USACE and the CRMC and,
				  as applicable, other information as may be required to demonstrate compliance
				  with the §404(b)(1) guidelines in the Clean Water Act. The Department will
				  not issue a determination regarding in-water disposal until a suitability
				  determination has been issued by the USACE.
1. Site plan(s), including all applicable
				  requirements as identified in §
											2.16 of this Part, Appendix
				  A;
2. A narrative description of
				  aquatic resources in the proposed disposal area, including but not limited to,
				  shellfish beds, eel grass beds, migratory pathways for finfish, breeding or
				  nursery areas and other aquatic resources;
3. Information on the past history of the
				  proposed disposal area, including but not limited to, prior disposal activity,
				  historical spills and analytical test data;
4. A description of how the dredged material
				  will be deposited at the disposal location, including the frequency and
				  quantity of each disposal event, and measures to control dispersion;
5. A narrative description of any sequencing
				  or staging activities that may be anticipated as part of final
				  disposal;
6. A plan for monitoring
				  water quality impacts from the disposal activities;
7. An Alternatives Analysis describing
				  alternatives to the proposed disposal location that were investigated in
				  accordance with and as required by the federal 404(b)(1) guidelines;
8.
											§
											2.10(A)(8)
				  of this Part, an evaluation of the impact of the dredged material on the
				  physical, chemical and biological components of the aquatic environment. This
				  evaluation shall follow the tiered approach for evaluating in-water disposal
				  options as presented in the guidance documents referenced in §
											2.7(E) of
				  this Part. This analysis may include, but is not limited to, a numerical mixing
				  model using elutriate data to evaluate the dispersion of contaminants
				  throughout the water column as required to predict the contaminant
				  concentrations present in the water column after consideration of mixing in
				  order to determine compliance with water quality standards;
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.11 - Dewatering of Dredged Material

Current through June 14, 2024
A. Applications
				  that propose dewatering must include the following information:
1. Site plan(s) and engineering plans,
				  including all applicable requirements as identified in §
											2.16 of this Part, Appendix
				  A;
2. The selection and design of
				  settling basins shall be consistent with the USACE publication entitled
				  Engineering and Design, Confined Disposal of Dredged Material, Engineer Manual
				  No. 1110-2-5027. Characterization of the dredged material, engineering
				  computations for the system, and analysis of receiving water mixing to
				  demonstrate the discharge will not violate water quality standards must be
				  included. If the dewatering facility processes dredged material from multiple
				  dredging operations, a Rhode Island Pollutant Discharge Elimination System
				  (RIPDES) permit may also be required;
3. A determination that the proposed
				  dewatering location(s) is not within any area prohibited in §
											2.5(D) of
				  this Part;
4. Groundwater and
				  surface water classification(s) for the proposed dewatering
				  location(s);
5. The dimensional
				  area and volume of the proposed dewatering, settling and storage basins and
				  staging areas and an estimate of the volume of material capable of being
				  handled at any one time. The proposed basins must be shown on scale drawn site
				  plans with cross sectional views of the berms;
6. Identification of the proposed material
				  handling methods (i.e. hydraulic or mechanical) and an estimate of the proposed
				  volume of runoff water expected from the material;
7. A detailed estimate of the time frame
				  required for each aspect of the dewatering process, which includes receiving,
				  handling, dewatering and transferring dredged material to the final disposal
				  location(s). Where dredged material is proposed for land disposal or beneficial
				  use, sampling for chloride concentration may be required after
				  dewatering;
8. A complete Sediment
				  and Erosion Control Plan describing all aspects of the material transfer;
				  and,
9. A discussion of the
				  proposed methods to be used to reduce material losses when offloading the
				  dredge scows. The proposed method of collecting stormwater runoff from any
				  storage areas and directing it to the settling basins for treatment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.14 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.15 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous State of Rhode Island Rules and Regulations, and any RI DEM policies
					 regarding the administration and enforcement of the Marine Waterways and
					 Boating Facilities Act of 2001, R.I. Gen. Laws Chapter 46-6.1 shall be
					 superseded. However, any enforcement action taken by, or application submitted
					 to, the Department prior to the effective date of these Rules and Regulations
					 shall be governed by the Rules and Regulations in effect at the time the
					 enforcement action was taken, or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.17 - Appendix B Impact Avoidance and Minimization

Current through June 14, 2024
A. Impact
				  Avoidance
1. The applicant must consider and
				  address, at a minimum, the following issues in order to satisfactorily
				  demonstrate to the Department that all impacts to the wetlands functions and
				  values have been avoided to the maximum extent possible, and that all
				  alternatives to the proposed alterations which would not alter the natural
				  character of any freshwater wetlands were considered and cannot be
				  accomplished:
2. Description of the
				  primary purpose of the proposed project;
3. Whether the primary proposed activity is
				  water-dependent, or if it requires access to freshwater wetlands as a central
				  element of its primary purpose (e.g. a pier);
4. Whether there are any areas within the
				  same property or other property owned or controlled by the applicant that could
				  be used to achieve the same project purpose without altering the natural
				  character of any freshwater wetlands;
5. Whether there are any other properties not
				  currently owned or controlled by the applicant but which are reasonably
				  available to the applicant that would not involve wetland alterations and could
				  be used to achieve the same project purpose;
6. Whether there are alternative designs,
				  layouts, or technologies that could be used to avoid freshwater wetlands or
				  impacts on wetland functions and values on the subject property or reasonably
				  available properties which would achieve the same project purpose, and whether
				  these design alternatives are feasible;
7. Description of all attempts applicant has
				  made to overcome or remove such constraints as zoning, infrastructure, parcel
				  size, or other similar constraints in order to avoid wetland alterations;
				  and,
8. Whether the available
				  alternatives which would not alter the natural character of any freshwater
				  wetlands on the subject property or reasonably available properties, if
				  incorporated in the proposed project, would result in significant adverse
				  consequences to the public health and safety, and/or the environment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 2 - Rules and Regulations for Dredging and the Management of Dredged Materials (250-RICR-150-05-2) › Section 250-RICR-150-05-2.19 - Appendix D

Current through June 14, 2024
Click here to view
					 image
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.1 - Purpose

Current through June 14, 2024
It is the purpose of these Rules to protect and restore the
					 quality of the state's groundwater resources for use as drinking water and
					 other beneficial uses, and to assure protection of the public health and
					 welfare and the environment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.2 - Authority

Current through June 14, 2024
These rules are promulgated pursuant to the requirements
					 and provisions of R.I. Gen. Laws Chapters 46-12, Water Pollution; 46-13.1,
					 Groundwater Protection; 23-18.9, Refuse Disposal; 23-19.1, Hazardous Waste
					 Management Act: 42-17.1, Environmental Management; 42-17.6, Administrative
					 Penalties for Environmental Violations; in accordance with 42-35,
					 Administrative Procedures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.3 - Liberal Application

Current through June 14, 2024
The terms and provisions of these rules shall be liberally
					 construed to allow the Department to effectuate the purposes of state and
					 federal laws, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.4 - Severability

Current through June 14, 2024
If any provision of these rules, or the application thereof
					 to any person or circumstances, is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the rules shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.5 - Applicability

Current through June 14, 2024
A. These rules apply to all of the
				  groundwater of the state.
B.
				  Persons subject to these rules may also be subject to other regulations of the
				  Department and may also be subject to federal regulations. Obligations of
				  facility owners and facility operators hereunder shall be joint and
				  several.
C. These rules shall be
				  construed in harmony with other Department regulations and the regulations of
				  federal agencies. Nothing in these rules shall affect the Director's power and
				  duty to issue or require any form of groundwater monitoring, groundwater
				  remediation, enforcement action or other action pursuant to any other
				  regulatory program administered or enforced by the Director.
D. Construction Standards for Monitoring
				  Wells: Monitoring wells installed pursuant to these rules shall be in
				  compliance with the construction standards in §
										3.22 of this
				  Part.
E. Abandonment procedures:
				  Private drinking water wells, monitoring wells, piezometers and other
				  subsurface borings shall be abandoned in accordance with the procedures in
				  §
										3.22
				  of this Part.
F. The Director may
				  require any facility owner or operator subject to these rules to provide any
				  information deemed necessary to determine compliance with these rules. Failure
				  to disclose such information shall be cause for initiating appropriate
				  enforcement action and shall constitute valid cause for denial of any
				  Departmental approvals under these rules or the suspension of any approval
				  issued hereunder.
G. Nothing in
				  these rules shall affect the Director's power and duty to issue an immediate
				  compliance order or take any other action pursuant to the R.I. Gen.
				  Laws.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.6 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate American Society of Testing Materials
				  C150/C 150M-18, Standard Specification for Portland Cement, ASTM International,
				  West Conshohocken, PA (2018) by reference, not including any further editions
				  or amendments thereof and only to the extent that the provisions therein are
				  not inconsistent with these Regulations.
B. These Regulations hereby adopt and
				  incorporate 40 C.F.R.
				  §§
											141.60 through
				  141.66, and §
										141.80 (2021) by reference, not
				  including any further editions or amendments thereof and only to the extent
				  that the provisions therein are not inconsistent with these
				  Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.8 - Prohibitions and Other General Requirements

Current through June 14, 2024
A. Groundwater
				  shall be maintained at a quality consistent with its classification. No person
				  shall take actions that violate or cause to violate the standards established
				  in these rules.
B. No person shall
				  cause or allow a discharge of any pollutant to groundwater without the approval
				  of the Director pursuant to these and other Department Rules and
				  Regulations.
C. No person shall
				  operate or maintain a facility in a manner that may result in a discharge of
				  any pollutant to groundwater without the approval of the Director.
D. The establishment of new solid waste
				  landfills is prohibited in areas where the groundwater is classified GAA or
				  within a wellhead protection area designated in accordance with §
										3.16 of this
				  Part.
E. The establishment of new
				  facilities that are required to be permitted as treatment, storage or disposal
				  facilities or require Letters of Authorization for temporary storage and/or
				  transfer areas of hazardous waste pursuant to the Rhode Island Rules and
				  Regulations for Hazardous Waste Management Part 140-10-1 of this Title is
				  prohibited within the areas listed below in §§
										3.8(E)(1) through
				  (3) of this Part. This prohibition does not
				  apply to the following: generators of hazardous waste as defined in the Rhode
				  Island Rules and Regulations for Hazardous Waste Management Part 140-10-1 of
				  this Title; emergency permits for the treatment of hazardous waste under the
				  Rhode Island Rules and Regulations for Hazardous Waste Management Part 140-10-1
				  of this Title; and treatment of hazardous waste as part of an emergency permit
				  or a remedial action approved pursuant to the Part 140-30-1 of this Title.
1. Where the groundwater is classified
				  GAA;
2. Within a wellhead
				  protection area designated in accordance with §
											3.16 of this Part;
				  and
3. Within areas where the
				  groundwater is classified GA where public water is not available to all
				  surrounding properties.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.9 - Groundwater Classification

Current through June 14, 2024
A. Definitions: The
				  Director shall classify the groundwater resources of Rhode Island using the
				  four classes established in R.I. Gen. Laws Chapter 46-13.1 and which are
				  further defined below:
1. Groundwater
				  classified GAA shall be those groundwater resources which the Director has
				  designated to be suitable for public drinking water use without treatment and
				  which are located within the areas described in §§
											3.9(A)(1)(a) through
				  (c) of this Part below.
a. Groundwater reservoirs and portions of
				  their recharge areas as delineated by the Department.
b. Wellhead protection areas for community
				  water supply wells delineated in accordance with §
												3.16 of this Part. Wellhead
				  protection areas for community water supply wells will by definition be
				  considered reclassified to GAA at the time of approval of the community water
				  supply well by the Rhode Island Department of Health.
c. Groundwater dependent areas that are
				  physically isolated from reasonable alternative water supplies and where the
				  existing groundwater supply warrants the highest level of protection. Block
				  Island is the only area currently designated pursuant to this
				  provision.