reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.2 - Incorporated Material

Current through June 14, 2024
A. Except as
				  provided in this Part, the requirements of  10 C.F.R. Part 71  (2021) are
				  incorporated by reference, not including any further editions or amendments
				  thereof and only to the extent that the provisions therein are not inconsistent
				  with this Part.
B. Postal Service
				  Manual (Domestic Mail Manual), §124, is incorporated by reference at
				   39 C.F.R. §
											111.1  (2021).
C. Notwithstanding the provisions of §
										12.2(A)   of
				  this Part,
				   10 C.F.R. §§
											71.0, 71.1, 71.2, 71.3, 71.8, 71.9, 71.10, 71.11, 71.12, 71.14(b), 71.16, 71.18, 71.19, 71.24,
				  71.25,
				  71.31,
				  71.33,
				  71.35,
				  71.37,
				  71.38,
				  71.39,
				  71.41,
				  71.43,
				  71.45,
				  71.51,
				  71.53,
				  71.55,
				  71.57,
				  71.59,
				  71.61,
				  71.63,
				  71.64,
				  71.65,
				  71.70,
				  71.71,
				  71.73,
				  71.74,
				  71.75,
				  71.77,
				  71.85(a) (b) and
				  (c),
				  71.91(b),
				  71.93,
				  71.95,
				  71.101(c)(1), (c)
				  (2), (d) and (e),
				  71.107,
				  71.109,
				  71.111,
				  71.113,
				  71.115,
				  71.117,
				  71.119,
				  71.121,
				  71.123, and
				  71.125
				  are not incorporated by reference.
D. Effect of incorporation of 10 C.F.R. Part
				  71 . To reconcile differences between this Part and the incorporated sections
				  of   10 C.F.R. Part 71, the following words and phrases shall be substituted for
				  the language in 10 C.F.R. Part 71 as follows:
1. Where the words "NRC," "Commission,"
				  "Nuclear Regulatory Commission," "United States Nuclear Regulatory Commission"
				  or "Administrator of the appropriate Regional Office" appear in 10 C.F.R. Part
				  71, substitute the words Agency except when used in
				   10 C.F.R. §§
												71.5(b), 71.10, 71.17(c)(3) and (e), 71.85(c), 71.88(a)(4), 71.93(c), 71.95, 71.97(c), (c)(3)(iii), and (f).
2. The terms "certificate of compliance,
				  compliance holder or applicant" apply to the NRC as they are the sole authority
				  for issuing a package Certificate of Compliance.
3. Form RCA-1, "Notice to Employees", must be
				  posted instead of NRC Form 3 that is specified in  10 C.F.R. Part 71.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.3 - Definitions

Current through June 14, 2024
A. In addition to the definitions contained
				  in  10 C.F.R. §
											71.4, whenever used in this Part, the
				  following terms shall be construed as follows:
1. "Act" means R.I. Gen. Laws Chapter
				  23-1.3 entitled "Radiation
				  Control."
2. "Agency" means Rhode
				  Island Radiation Control Agency (RCA), Center for Health Facilities Regulation
				  - Radiation Control Program, Rhode Island Department of Health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.4 - General Provisions

Current through June 14, 2024
12.4.1
Requirement for License
No person shall transport radioactive material or deliver
					 radioactive material to a carrier for transport except as authorized in a
					 general or specific license issued by the Agency or as exempted in §
											12.5   of this Part.
12.4.2
Transportation of
				  Licensed Material
For the purpose of this Part, requirements for
					 transportation of licensed material are defined by
					  10 C.F.R. §
												71.5.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.5 - Exemptions

Current through June 14, 2024
12.5.1
Exemption of Physicians
For the purpose of this Part, requirements for exemption of
					 physicians are defined by
					  10 C.F.R. §
												71.13.
12.5.2
Exemption for Low-Level
				  Materials
For the purpose of this Part, requirements for exemption
					 for low-level materials are defined by
					  10 C.F.R. §
												71.14(a).
12.5.3
Exemption from Classification as
				  Fissile Material
For the purpose of this Part, requirements for exemption
					 from classification as fissile material are defined by
					  10 C.F.R. §
												71.15.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.6 - General Licenses

Current through June 14, 2024
12.6.1
NRC-Approved Package
For the purpose of this Part, requirements for a general
					 license for an NRC-approved package are defined by
					  10 C.F.R. §
												71.17.
12.6.2
General license: Use of foreign
				  approved package
For the purpose of this Part, requirements for a general
					 license for use of a foreign approved package are defined by
					  10 C.F.R. §
												71.21.
12.6.3
Fissile Material
For the purpose of this Part, requirements for a general
					 license for fissile material are defined by
					  10 C.F.R. §
												71.22.
12.6.4
Plutonium-Beryllium Special Form
				  Material
For the purpose of this Part, requirements for a general
					 license for plutoniumberyllium special form material are defined by
					  10 C.F.R. §
												71.23.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.7 - External Radiation Standards for All Packages

Current through June 14, 2024
For the purpose of this Part, requirements for external
					 radiation standards for all packages are defined by
					  10 C.F.R. §
											71.47.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.8 - Operating Controls and Procedures

Current through June 14, 2024
12.8.1
Applicability of Operating Controls and Procedures
For the purpose of this Part, requirements for
					 applicability of operating controls and procedures are defined by
					  10 C.F.R. §
												71.81.
12.8.2
Assumptions as to Unknown
				  Properties
For the purpose of this Part, requirements for assumptions
					 as to unknown properties are defined by
					  10 C.F.R. §
												71.83.
12.8.3
Preliminary
				  Determinations
For the purpose of this Part, requirements for preliminary
					 determinations are defined by
					  10 C.F.R. §
												71.85(d).
12.8.4
Routine Determinations
For the purpose of this Part, requirements for routine
					 determinations are defined by
					  10 C.F.R. §
												71.87.
12.8.5
Air Transport of
				  Plutonium
For the purpose of this Part, requirements for air
					 transport of plutonium are defined by
					  10 C.F.R. §
												71.88.
12.8.6
Opening Instructions
For the purpose of this Part, requirements for opening
					 instructions are defined by
					  10 C.F.R. §
												71.89.
12.8.7
Shipment Records
For the purpose of this Part, requirements for shipment
					 records are defined by
					  10 C.F.R. §§
												71.91(a), (c) and (d).
12.8.8
Shipment Reports
A. The licensee, after requesting the
				  certificate holder's input, shall submit a written report to the Agency of:
1. Instances in which there is significant
				  reduction in the effectiveness of any NRC-approved Type B or Type AF packaging
				  during use;
2. Details of any
				  defects with safety significance in any NRC-approved Type B or fissile material
				  packaging after first use;
3.
				  Instances in which the conditions of approval in the certificate of compliance
				  were not observed in making a shipment.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.9 - Quality Assurance

Current through June 14, 2024
12.9.1
Quality Assurance Requirements
A. Before the use of any package for the
				  shipment of licensed material subject to this Subchapter, each licensee shall
				  obtain Agency approval of its quality assurance program. Each licensee shall
				  file a description of its quality assurance program, including a discussion of
				  which requirements of this subpart are applicable and how they will be
				  satisfied, by submitting the description to the Agency.
B. Before the fabrication, testing, or
				  modification of any package for the shipment of licensed material subject to
				  this Subchapter, each certificate holder, or applicant for a Certificate of
				  Compliance (CoC) shall obtain Agency approval of its quality assurance program.
				  Each certificate holder or applicant for a CoC shall file a description of its
				  quality assurance program, including a discussion of which requirements of this
				  Subchapter are applicable and how they will be satisfied.
C. For the purpose of this Part, quality
				  assurance requirements are defined by
				   10 C.F.R. §§
												71.101(a), (b), (f) and (g).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 12 - Packaging and Transportation of Radioactive Material › Section 216-RICR-40-20-12.10 - Determination of A[1] and A[2]

Current through June 14, 2024
For the purpose of this Part, requirements for
					 determination of A1 and A2 are
					 defined by Appendix A to  10 C.F.R. Part 71.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 13 - Radiation Safety Requirements for icle Accelerators › Section 216-RICR-40-20-13.1 - Authority

Current through June 14, 2024
A. This Part is promulgated pursuant to the
				  authority conferred under R.I. Gen. Laws §
										23-1.3-5.
B. This Part establishes procedures for the
				  registration (or licensing) and the use of particle accelerators intended for
				  other than healing arts use. Requirements for registration and use of particle
				  accelerators for healing arts use are contained in Part 5 of this
				  Subchapter.
C. In addition to the
				  requirements of this Part, all registrants are subject to the requirements of
				  Parts 1, 2 and 3 of this Subchapter. Registrants engaged in industrial
				  radiographic operations are subject to the requirements of Part 10 of this
				  Subchapter. Registrants (or licensees) whose operations result in the
				  production of radioactive material are also subject to the requirements of Part
				  7 of this Subchapter.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 13 - Radiation Safety Requirements for icle Accelerators › Section 216-RICR-40-20-13.2 - Definitions

Current through June 14, 2024
A. Whenever used in this Part, the following
				  terms shall be construed as follows:
1. "Act"
				  means R.I. Gen. Laws Chapter
				  23-1.3 entitled "Radiation
				  Control."
2. "Agency" means Rhode
				  Island Radiation Control Agency (RCA), Center for Health Facilities Regulation
				  - Radiation Control Program, Rhode Island Department of Health.
3. "Facility" means the location, building,
				  vehicle, or complex under one (1) administrative control, at which one (1) or
				  more radiation machines are installed, located and/or used.
4. "Registration" means registration with the
				  Agency pursuant to this Subchapter and the Act.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 13 - Radiation Safety Requirements for icle Accelerators › Section 216-RICR-40-20-13.3 - Registration Procedure

Current through June 14, 2024
13.3.1
Registration (or Licensing) Requirement
No person shall receive, possess, use, transfer, own, or
					 acquire a particle accelerator except as authorized in a registration (or
					 license) issued pursuant to this Subchapter or as otherwise provided for in
					 this Subchapter. The general procedures for registration (or licensing) of
					 particle accelerator facilities are included in Parts 3 and 7 of this
					 Subchapter.
13.3.2
General Requirements for the Issuance of a Registration (or License) for
				  Particle Accelerators
A. In addition
				  to the requirement of Parts 3 and 7 of this Subchapter, a registration (or
				  licensing) application for use of a particle accelerator will be approved only
				  if the Agency determines that:
1. The
				  applicant is qualified by reason of training and experience to use the
				  accelerator in question for the purpose requested in accordance with this Part
				  and Parts 1 and 2 of this Subchapter in such a manner as to minimize danger to
				  public health and safety or property;
2. The applicant's proposed equipment,
				  facilities, operating and emergency procedures are adequate to protect health
				  and minimize danger to public health and safety or property;
3. The issuance of the registration (or
				  license) will not be inimical to the health and safety of the public;
4. The applicant has appointed a radiation
				  safety officer;
5. The applicant
				  and/or his staff has substantial experience in the use of particle accelerators
				  for the intended uses;
6. The
				  applicant has established a radiation safety committee to approve, in advance,
				  proposals for uses of particle accelerators, whenever deemed necessary by the
				  Agency; and
7. The applicant has an
				  adequate training program for particle accelerator operators.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 13 - Radiation Safety Requirements for icle Accelerators › Section 216-RICR-40-20-13.4 - Radiation Safety Requirements for the Use of Particle Accelerators

Current through June 14, 2024
13.4.1
Limitations
A. No registrant (or licensee) shall permit
				  any person to act as a particle accelerator operator until such person:
1. Has been instructed in radiation safety
				  and shall have demonstrated an understanding thereof;
2. Has received copies of and instructions in
				  this Part and the applicable requirements of Parts 1 and 2 of this Subchapter,
				  pertinent registration (or license) conditions and the registrant's (or
				  licensee's) operating and emergency procedures, and shall have demonstrated
				  understanding thereof; and
3. Has
				  demonstrated competence to use the particle accelerator, related equipment, and
				  survey instruments which will be employed in his assignment.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 14 - Radiation Safety Requirements for Microwave Ovens › Section 216-RICR-40-20-14.1 - Authority

Current through June 14, 2024
A. This Part is promulgated pursuant to the
				  authority conferred under R.I. Gen. Laws §
										23-1.3-5.
B. This Part establishes radiation safety
				  requirements (performance standards) for microwave ovens manufactured after
				  October 6, 1971.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 14 - Radiation Safety Requirements for Microwave Ovens › Section 216-RICR-40-20-14.2 - Incorporated Material

Current through June 14, 2024
Except as provided in this Part, the requirements of
					  21 C.F.R. §
											1030.10  (2018) are incorporated by reference,
					 not including any further editions or amendments thereof and only to the extent
					 that the provisions therein are not inconsistent with this
					 Part.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 14 - Radiation Safety Requirements for Microwave Ovens › Section 216-RICR-40-20-14.3 - Definitions

Current through June 14, 2024
A. Whenever used in this Part, the following
				  terms shall be construed as follows:
1. "Act"
				  means R.I. Gen. Laws Chapter 23-1.3 entitled "Radiation Control".
2. "Agency" means Rhode Island Radiation
				  Control Agency (RCA), Center for Health Facilities Regulation - Radiation
				  Control Program, Rhode Island Department of Health.
3. "External surface" means the outside
				  surface of the cabinet or enclosure provided by the manufacturer as part of the
				  microwave oven, including doors, door handles, latches, and control
				  knobs.
4. "Equivalent plane-wave
				  power density" means the square of the root-mean-square (rms) electric field
				  strength divided by the impedance of free space (377 ohms).
5. "Microwave oven" means a device designed
				  to heat, cook, or dry food through the application of electromagnetic energy at
				  frequencies assigned by the Federal Communications Commission in the normal ISM
				  heating bands ranging from 890 megahertz to 6,000 megahertz. As defined in this
				  Part, "microwave ovens" are limited to those manufactured for use in homes,
				  restaurants, food vending, or service establishments, on interstate carriers,
				  and in similar facilities.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 14 - Radiation Safety Requirements for Microwave Ovens › Section 216-RICR-40-20-14.4 - Performance Standards

Current through June 14, 2024
Microwave ovens manufactured after October 6, 1971 shall be
					 maintained in compliance with
					  21 C.F.R. §
											1030.10.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 14 - Radiation Safety Requirements for Microwave Ovens › Section 216-RICR-40-20-14.5 - Power Density Limits

Current through June 14, 2024
The equivalent plane-wave power density existing in the
					 proximity of the external oven surface shall not exceed one (1) milliwatt per
					 square centimeter (cm2) at any point five
					 centimeters (5 cm) or more from the external surface of the oven, measured
					 prior to acquisition by a purchaser, and, thereafter, five (5) milliwatts per
					 cm2 at any such point.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 14 - Radiation Safety Requirements for Microwave Ovens › Section 216-RICR-40-20-14.6 - Noncompliance

Current through June 14, 2024
Any microwave oven manufactured after October 6, 1971 which
					 fails to meet the requirements of this Part or
					  21 C.F.R. §
											1030.10  shall be removed from service until
					 the repairs or modifications necessary to meet the applicable requirements have
					 been made.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 15 - X-Ray and Radioactive Materials Fees › Section 216-RICR-40-20-15.1 - Authority

Current through June 14, 2024
A. This Part is promulgated pursuant to the
				  authority conferred under R.I. Gen. Laws §
										23-1.3-5.
B. Persons and individuals who are subject to
				  licensure and/or registration with the Agency pursuant to the Act and this
				  Subchapter shall be assessed fees, established in the Department fee schedule,
				  and in accordance with §
										15.4   of this Part for X-ray
				  registrants and/or §
										15.5   of this Part for
				  radioactive materials licensees.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 15 - X-Ray and Radioactive Materials Fees › Section 216-RICR-40-20-15.2 - Definitions

Current through June 14, 2024
A. Whenever used in this Part, the following
				  terms shall be construed as follows:
1. "Act"
				  means R.I. Gen. Laws Chapter
				  23-1.3 entitled "Radiation
				  Control."
2. "Agency" means Rhode
				  Island Radiation Control Agency (RCA), Center for Health Facilities Regulation
				  - Radiation Control Program, Rhode Island Department of Health.
3. "Department fee schedule" means Part
				  10-05-2 of this Title, Fee
				  Structure for Licensing, Laboratory and Administrative Services Provided by the
				  Department of Health.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 15 - X-Ray and Radioactive Materials Fees › Section 216-RICR-40-20-15.3 - General Provisions

Current through June 14, 2024
A. Fee Exempt:
				  Notwithstanding the requirement of §
										15.1(B)   of
				  this Part, no fees shall be required for radioactive materials licenses
				  authorizing the use of source material as shielding only in devices and
				  containers, provided, however, that all other licensed radioactive material in
				  the device or container will be subject to the fees required by §
										15.5   of this Part.
B. Payment of Fees: All fees specified in the
				  Department fee schedule shall be submitted to the Agency.
C. Inquiries: Any inquiry regarding Agency
				  fees should be addressed to the Agency as specified in §
										1.4   of this
				  Subchapter.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 15 - X-Ray and Radioactive Materials Fees › Section 216-RICR-40-20-15.4 - X-Ray Fees

Current through June 14, 2024
15.4.1
Submission of Initial Fee
A.
				  Each initial application for a Registration Certificate in a category for which
				  a fee has been established in the Department fee schedule shall be accompanied
				  by a fee in the amount of the Annual Fee specified for that registration
				  category. A registration application shall not be considered prior to payment
				  of the full amount specified. Registration applications for which no remittance
				  is received shall be returned to the applicant.
B. Initial applications, accompanied by the
				  appropriate registration fee and which are received by the Agency during the
				  period July 1 through August 31 of a calendar year shall also constitute a
				  renewal application for the period ending August 31 of the following calendar
				  year, without payment of an additional annual registration
				  fee.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 20 - Radiation › Part 15 - X-Ray and Radioactive Materials Fees › Section 216-RICR-40-20-15.5 - Radioactive Materials Fees

Current through June 14, 2024
15.5.1
Application Fee
Each initial application for a license in a category for
					 which a fee has been established in the Department fee schedule shall be
					 accompanied by a non-refundable fee in the amount of the Annual Fee specified
					 for that license category. A license application shall not be considered prior
					 to payment of the full amount specified. License applications for which no fee
					 is received shall be returned to the applicant.
15.5.2
Annual Fees
A. Assessment of Fees: The Agency shall issue
				  an annual fee invoice to each licensee, based on the applicable annual fee
				  established in the Department fee schedule. Fees shall be payable within thirty
				  (30) days after receipt of a fee invoice.
B. Eligibility for Waiver of Annual Fee: Any
				  broad-scope (academic or medical) licensee, or any licensee which is a
				  governmental agency of the State of Rhode Island, that provides in-kind
				  services to the Agency and/or performs services pursuant to an accepted written
				  agreement with the Agency, and which are valued at an amount equal to or
				  greater than their annual license fee, may submit a written request for a
				  waiver from payment of the annual license fee. Upon approval by the Agency,
				  this waiver shall only remain in effect for that annual licensing period. A new
				  waiver request must be submitted for each subsequent annual licensing period.
1. For the purposes of this Part,
				  "governmental agency" shall be construed to include any department, office,
				  commission or similar public entity established by Executive Order or pursuant
				  to the Rhode Island General Laws.
C. Revocation of Annual Fee Waiver: Upon
				  written notice of noncompliance to the licensee, the Agency may revoke any
				  waiver, approved pursuant to §15.5.2(B) of this Part, for failure to
				  provide or perform all services pursuant to the accepted written agreement. The
				  Agency may also invoice the licensee for any difference between the originally
				  waived annual fee and the value of services already performed during that
				  annual licensing period.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.1 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the authority
					 conferred by R.I. Gen. Laws §
										46-13-18(a) 
					 for the purpose of assuring the public is provided with safe and potable
					 drinking water.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.3 - Coverage

Current through June 14, 2024
A. This Part applies to any PWS unless a PWS
				  meets all of the following conditions:
1. The
				  system consists only of distribution or storage facilities (and does not have
				  any collection or treatment facilities);
2. The system obtains all of its water from a
				  PWS to which this Part applies; and
3. The system does not sell water to any
				  person.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.4 - Approval of Water Sources

Current through June 14, 2024
A. Proposed New
				  Water Sources
1. No source of water shall be
				  developed for a PWS until the site plans prepared and stamped by a professional
				  engineer or land surveyor registered in accordance with R.I. Gen. Chapter 5-8
				  has been approved by the Director. Such plans shall also be provided in an
				  electronic format compatible with the Department's computer software.
2. No source of surface water shall be
				  constructed for a PWS until proposed surface water source construction plans
				  and specifications (including but not limited to an intake, dam, etc.) prepared
				  and stamped by a professional engineer registered in accordance with R.I. Gen.
				  Chapter 5-8, have been approved by the Director. Such plans shall also be
				  provided in an electronic format compatible with the Department's computer
				  software.
3. No source of
				  groundwater shall be constructed for a PWS until proposed groundwater source
				  construction (well or spring) plans and specifications prepared and stamped by
				  a professional engineer registered in accordance with R.I. Gen. Chapter 5-8
				  have been approved by the Director. The well construction plans and
				  specifications shall be in accordance with §§
											1.4(L)  and
				   1.5   of this Part. Such plans
				  shall also be provided in an electronic format compatible with the Department's
				  computer software.
4. Approval of
				  plans and specifications granted an applicant shall expire within two (2) years
				  if construction of the approved source has not begun within that
				  period.
5. Expired approvals may be
				  renewed if the data provided in the application is unchanged and attested to by
				  the applicant; and the plans conform with all construction standards and
				  testing requirements in effect at the time of application for
				  renewal.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.7 - Control of Lead and Copper

Current through June 14, 2024
1.7.1
General
				  Requirements
A. Applicability and
				  Effective Dates
1. The requirements of §
												1.7   of this Part constitute
				  the national primary drinking water regulations for lead and copper. Unless
				  otherwise indicated, each of the provisions of this Section applies to
				  community PWS and non-transient, non-community PWS (hereinafter referred to as
				  "PWS").
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.8 - Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors

Current through June 14, 2024
1.8.1
Maximum
				  Contaminant Levels (MCLs) for Disinfection Byproducts
A. The maximum contaminant levels (MCLs) for
				  disinfection byproducts are as follows:
Disinfection Byproduct
MCL (mg/L)
Total Trihalomethanes (TTHM)
0.080
Haloacetic Acids (five) (HAA5)
0.060
Bromate
0.010
Chlorite
1.0
B.
				  Compliance dates.
1. Community PWS and
				  non-transient, non-community PWS. §
												1.6   PW S must comply with this Section
				  as follows:
a. Stage I TTHM and HAA5-RAA
				  Compliance. All PWS must comply with the MCLs for TTHM and HAA5 as a running
				  annual average (RRA) until the date specified for §1.8.10 of this Part
				  compliance in §1.8.10(A)(3) of this Part.
b. Stage II Disinfection Byproducts-LRAA
				  Compliance. The MCLs for TTHM and HAA5 must be complied with as a locational
				  running annual average (LRRA) at each monitoring location beginning the date
				  specified for §1.8.10 of this Part compliance in §1.8.10(A)(3) of
				  this Part.
C.
				  Best Technology, Treatment Techniques, or Other Means for Achieving Compliance
1. The following are identified as the best
				  technology, treatment techniques, or other means available for achieving
				  compliance with the maximum contaminant levels for disinfection byproducts
				  identified in §1.8.1(A) of this Part:
a.
				  Bromate: Control of ozone treatment process to reduce production of
				  bromate.
b. Chlorite: Control of
				  treatment processes to reduce disinfectant demand and control of disinfection
				  treatment processes to reduce disinfectant levels.
2. The following are identified as the best
				  technology, treatment techniques, or other means available for achieving
				  compliance with the maximum contaminant levels for TTHM and HAA5 identified in
				  §1.8.1(A) of this Part for all PWS that disinfect their source water:
a. TTHM and HAA5: Enhanced coagulation or
				  enhanced softening plus GAC10; or nanofiltration with a molecular weight cutoff
				  less than or equal to 1000 daltons; or GAC20.
3. The following are identified as the best
				  technology, treatment techniques, or other means available for achieving
				  compliance with the maximum contaminant levels for TTHM and HAA5 identified in
				  §1.8.1(A) of this Part, for consecutive PWS and applies only to the
				  disinfected water that consecutive PWS buy or otherwise receive:
a. TTHM and HAA5:
(1) Systems serving greater than or equal to
				  10,000: Improved distribution system and storage tank management to reduce
				  residence time, plus the use of chloramines for disinfectant residual
				  maintenance.
(2) Systems serving
				  less than 10,000: Improved distribution system and storage tank management to
				  reduce residence time.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.9 - Assurance of Safety in Public Supply

Current through June 14, 2024
1.9.1
General Requirement
Any person maintaining a PWS shall operate and maintain the
					 water supply facilities so that the water furnished to the public is safe and
					 potable.
1.9.2
Contamination of Tanks
A.
				  Connected to Unsafe Supplies. Any person who maintains a PWS connection to a
				  tank which is also supplied with water from a PWS found by the Director to be
				  unsafe shall maintain the tank open to atmospheric pressure, and the public
				  water supply pipe shall terminate at least two (2) pipe diameters above the
				  maximum level of water in the tank. The tank overflow shall be of adequate size
				  to fix definitely the maximum level.
B. Avoidance of Contamination in Tanks. Any
				  person who is furnished water from a PWS and maintains a tank supplied only by
				  such water shall have such tank so constructed and maintained to prevent
				  contaminants from gaining access to the tank interior.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.10 - Correction of Unsafe Conditions

Current through June 14, 2024
A. When the water
				  from a PWS is not safe or is subject to contamination, as determined by the
				  Director, the person maintaining such PWS shall take immediate action to
				  correct sanitary defects, improve operation, provide necessary water treatment,
				  or make any other changes or additions deemed necessary by the Director to
				  provide safe water.
B. Any person
				  maintaining a PWS who is aware of an unsafe condition, that the water is not
				  safe or is subject to contamination, shall notify the Director
				  immediately.
C. Notification to
				  consumers.
1. In the event of an unsafe
				  condition, all community PWS must have the ability to communicate required
				  public notice information via a mass-notification system and have the ability
				  to produce street-level maps of the affected areas along with a list of
				  affected addresses. Such ability shall be in effect by April 1, 2020.
2. Any community PWS that can
				  demonstrate to the Director that they can provide notification to their
				  consumers as rapidly as would be provided using a mass notification system may
				  request an exemption from this requirement.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.11 - Reports As To Public Supplies

Current through June 14, 2024
1.11.1
Reports
A. Any person
				  maintaining a PWS shall submit or cause to be submitted by operating personnel
				  such reports of operation pertaining to the sanitary quality, treatment and
				  output as may be required by the Director. Such operation reports shall be
				  submitted within ten (10) days after demand and shall be accurate and complete
				  as required by the Director. Violations of maximum contaminant levels shall be
				  reported to the Director within forty-eight (48) hours after such a
				  determination is made unless otherwise required for specific
				  contaminants.
B. It is the
				  responsibility of the PWS to collect, have analyzed, and report the results of
				  all water quality samples required by this Part. Samples must be collected in
				  accordance with a written sample siting plan. These plans are subject to the
				  Director's review and revision.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.12 - Certified Laboratories

Current through June 14, 2024
For the purpose of determining compliance with this Part,
					 only analyses carried out by the Department of Health or in a laboratory
					 certified by the Department of Health, EPA, or by reciprocity with another
					 state will be considered with the exception of alkalinity, calcium,
					 conductivity, disinfectant residual, orthophosphate, pH, silica, temperature,
					 and turbidity, which must be carried out by a party approved by the
					 Director.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.13 - Ground Water Rule

Current through June 14, 2024
1.13.1
General Requirements and Applicability.
A. Scope.
1. The requirements of this Part constitute
				  National Primary Drinking Water Regulations.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.14 - Consecutive Water System Monitoring

Current through June 14, 2024
This Part shall also pertain to a PWS which is supplied by
					 another PWS except as specifically modified by the Director and agreed upon by
					 the EPA Administrator.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.16 - Community Water System Requirements

Current through June 14, 2024
1.16.1
Inorganic Chemicals
Click here to view
					 image.
Click here to view
					 image.
Click here to view
					 image.
A. Community PWS
				  shall conduct monitoring to determine compliance with the MCLs specified in
				  this Section.
1. Monitoring shall be
				  conducted as follows:
a. Groundwater PWS shall
				  take a minimum of one (1) sample at every entry point to the distribution
				  system which is representative of each well after treatment (hereafter called a
				  sampling point) beginning in the initial compliance period. The PWS shall take
				  each sample at the same sampling point unless conditions make another sampling
				  point more representative of each source or treatment plant.
b. Surface water PWS shall take a minimum of
				  one (1) sample at every entry point to the distribution system after any
				  application of treatment or in the distribution system at a point which is
				  representative of each source after treatment (hereafter called a sampling
				  point) beginning in the initial compliance period. The PWS shall take each
				  sample at the same sampling point unless conditions make another sampling point
				  more representative of each source or treatment plant. Note: For purpose of
				  this Paragraph, surface water PWSs include PWSs with a combination of surface
				  and ground sources.
c. If a PWS
				  draws water from more than one (1) source and the sources are combined before
				  distribution, the PWS must sample at an entry point to the distribution system
				  during periods of normal operating conditions (i.e., when water is
				  representative of all sources being used).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.18 - Fees

Current through June 14, 2024
A. Pursuant to R.I. Gen. Laws §
										46-13-3,
				  entitled "Public Drinking Water Supply", the Director is authorized to charge
				  fees to support the collection and analysis of samples that are required to
				  meet the minimum monitoring requirements for public drinking water
				  supplies.
B. Any Public Drinking
				  Water Supply for which analytical and collection services are provided by the
				  R.I. Department of Health to meet the minimum monitoring requirements for
				  public drinking water is liable for payment of the fee for these
				  services.
C. The fee for each
				  chemical, radiological and microbiological test required and conducted by the
				  Division of Laboratories shall be reasonable and shall be determined on the
				  basis of current costs for conducting the analysis. Such cost shall include
				  administrative, personnel, equipment and such other related costs which may be
				  incurred in the analysis. The laboratory fee schedule is set forth in the rules
				  and regulations pertaining to the Fee Structure for Licensing, Laboratory and
				  Administrative Services Provided by the Department of Health (Part 10-05-2 of
				  this Title).
D. The fee for sample
				  schedule management/collection by the Center for Drinking Water Quality shall
				  be reasonable and shall be determined on the basis of current costs for such
				  service. The current sampling fee is set forth in the rules and regulations
				  pertaining to the Fee Structure for Licensing, Laboratory and Administrative
				  Services Provided by the Department of Health (Part 10-05-2 of this Title).
				  Sampling fees will be assessed for each on-site visit to the supply for the
				  purpose of collecting samples. It is the responsibility of the purveyor to make
				  the necessary operational arrangement for sampling. Scheduled on-site visits
				  canceled in the field because of lack of proper operational arrangement will be
				  assessed the sampling fee for the visit and any subsequent visit.
E. Payment for scheduled services will be
				  required on the due date. Bills will be provided approximately six (6) weeks in
				  advance of the due date. Payment shall be made payable to the General
				  Treasurer, State of Rhode Island.
F. Services will be provided only if payment
				  in full has been received. It remains the responsibility of the purveyor to
				  meet all compliance testing requirements.
G. A surcharge on overdue sampling and
				  analysis payments. The surcharge shall be set at the rate of two percent (2%)
				  of the overdue bill per month.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.19 - Practices and Procedures

Current through June 14, 2024
All hearings and reviews required under the provisions of
					 R.I. Gen. Laws Chapter 46-13, shall be held in accordance with the provisions
					 of the rules and regulations regarding Practices and Procedures Before the
					 Department of Health (Part 10-05-4 of this Title) and Access to Public Records
					 (Part 10-05-1 of this Title).
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.20 - Violations, Noncompliance, and Enforcement

Current through June 14, 2024
A. In
				  order to obtain and/or maintain any approval, permit, certification, and/or
				  license, compliance with the provisions of the Act and this Part is required.
				  Failure to comply with these requirements of the Act and/or this Part shall
				  constitute grounds to revoke, suspend, or otherwise limit or restrict any
				  approval, permit, certification, and/or license issued by the Director. In
				  addition, any person who violates the provisions of R.I. Gen. Laws Chapter
				  46-13, or this Part shall be subject to the penalties and remedies set forth in
				  R.I. Gen. Laws §
										46-13-16.
				  Furthermore, the Director is authorized pursuant to the provisions of R.I. Gen.
				  Laws §§
										46-13-10 and
				   46-13-12 to issue orders requiring corrective action(s) necessary to "provide safe and
				  potable water."
B. Purpose and
				  Goals.
1. To assure the protection of public
				  health, safety and welfare by promoting compliance and deterring noncompliance
				  with the Act, and the rules, regulations, approvals, permits, certification,
				  license and orders adopted pursuant to the Act and this Part;
2. To assure that the Department assesses
				  administrative penalties, and otherwise implements the Act and this Part,
				  lawfully, fairly and consistently;
3. To clarify the Department's authority to
				  enforce the Act and the rules, regulations, approvals, permits and orders
				  adopted pursuant to the Act.
Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 50 - Environmental health › Subchapter 05 - Water Quality › Part 1 - Public Drinking Water (216-RICR-50-05-1) › Section 216-RICR-50-05-1.22 - Appendix 2 - Penalty Matrices

Current through June 14, 2024
1.22.1
DWQ
				  Penalty Matrix (1)
A. The Director has
				  classified this Part into the following three (3) categories for use when
				  assessing Administrative Penalties:
1.
				  Categories*
a. Category I Penalty Range
				  $1,000 - $5,000/day/violation. These types of violation have a direct impact on
				  public health and will be given a high priority.
(1) Exceeding any MCL including
(AA) Bacteria
(BB) Inorganic
(CC) Pesticides/Organic
(DD) Turbidity
(EE) Radiological