reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.3 - Prohibitions

Current through June 14, 2024
A. It shall be unlawful after June 30, 1979
				  for any person to operate or to cause to be operated a Wastewater Treatment
				  Facility unless the Superintendent and Assistant Superintendent of such
				  facilities hold a Certificate issued by the Board. The Board may waive the
				  requirement of a certified Assistant Superintendent at a Wastewater Treatment
				  Facility designed for a flow of less than one hundred thousand (100,000)
				  gallons per day.
B. It shall be
				  unlawful after June 30, 1979 for any person to hire an individual as an
				  Operator unless he/she holds a Certificate as required under Regulations
				  adopted pursuant to this Chapter; except that the Operator may be hired without
				  such Certificate provided that he/she obtains such Certificate within one (1)
				  year of the date of employment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.5 - Classification of Wastewater Treatment Facilities

Current through June 14, 2024
A. Each
				  Wastewater Treatment Facility in the State of Rhode Island subject to these
				  regulations shall be classified by the Board as Grade 1, 2, 3, or 4 based on
				  the complexity of the wastewater treatment facility, and the equivalent
				  population served. See Table I: Point Values for Classification of Wastewater
				  Treatment Facilities in §
										5.16 of this
				  Part.
B. Classification of any
				  treatment plant may be changed at the discretion of the Board by reason of
				  changes in any condition or circumstance on which the original classification
				  was predicated. Due notice of any such change shall be given to the owner,
				  Superintendent, and Assistant Superintendent of the Wastewater Treatment
				  Facility.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.6 - Operator Qualifications and Classifications for Wastewater Treatment Facilities

Current through June 14, 2024
A. Approved
				  applicants shall be examined by the Board as to education, experience, and
				  knowledge as related to the classification of plants. Applicants must pass the
				  required written examination.
B. In
				  evaluating qualifications of applicants, the Board will be guided by the
				  following:
1. Experience. Applicable
				  experience will be considered only for those duties performed at a Wastewater
				  Treatment Facility, as defined. Applicants must provide all relevant
				  information related to experience and current duties at Wastewater Treatment
				  Facilities on forms or applications provided by the Board and/or Wastewater
				  Treatment Facility, and/or another state or commonwealth certification
				  authority and attested to by the applicant and the applicant's supervisor(s).
				  The Board will use this information to assess levels of experience. Further
				  evaluation may also be based on the collection of other data, such as, but not
				  limited to, reports and inspections of the Department of Environmental
				  Management, or other agencies having appropriate responsibilities for
				  regulating Wastewater Treatment Facilities or Operators.
a. Any past or current employment in which
				  Operator duties were or are performed at less than thirty-five (35) hours per
				  week will require additional time-in-employment other than that listed in
				  §
												5.6(C) of
				  this Part to meet experiential qualifications for licensure. Any additional
				  time will be determined at the Board's discretion.
b. Any Grade 1 or 2 Licensee whose experience
				  has been based exclusively on functions that were not that of an Operator, such
				  as but not limited to maintenance or laboratory/plant sampling activities,
				  cannot use said experience to attain a position in Direct Responsible
				  Charge.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.7 - Issuance of Operator-in-Training Certificate

Current through June 14, 2024
A. The
				  Board may permit an applicant for any grade to take an examination in a given
				  grade, if the individual has submitted evidence of education and experience
				  satisfactory to the Board for the purpose of becoming an "operator-intraining"
				  ("OIT"). OIT Certificates may be valid for up to a maximum of three (3) to five
				  (5) years, as enumerated below.
B.
				  Individuals who passed the Grade 3 exam under §
										5.10(F) of
				  this Part will be issued a Grade 3 OIT license should they enter a position in
				  Rhode Island as an Operator in Direct Responsible Charge and meet all other
				  qualifications. The length of the OIT will be a maximum of three (3) years
				  unless a lesser amount is needed to attain the requisite amount of experience
				  in Direct Responsible Charge.
C.
				  Individuals who passed the Grade 3 exam under §
										5.10(G) of
				  this Part will be issued a Grade 3 OIT license should they enter a position in
				  Rhode Island as an Operator and meet all other qualifications. The length of
				  the OIT will be a maximum of five (5) years unless a lesser amount is needed to
				  attain the requisite amount of operations experience.
D. A holder of an OIT Certificate may, with
				  the consent of the Board, be allowed in certain circumstances to operate a
				  treatment facility of his examined grade on a temporary basis until his/her
				  experience requirements are met.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.8 - Issuance of a Provisional Certificate

Current through June 14, 2024
A. A non-renewable
				  six (6) month provisional Certificate may be issued to a Superintendent or
				  Assistant Superintendent, Operations Supervisor, or Shift Supervisor only in
				  specific instances:
1. Where the Board deems
				  necessary, and;
2. Where the Board
				  is satisfied that such an individual is able to meet all requirements of a
				  particular grade including, but not limited, to experience and
				  education.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.9 - Applications

Current through June 14, 2024
A. Any individual desiring to be certified
				  shall file an application with the Board not less than thirty (30) days before
				  the date of the examination, on an application form provided by the
				  Board.
B. The application for
				  initial Rhode Island licensure shall be accompanied by a fee of ten dollars
				  ($10.00). Once certified in Rhode Island, subsequent applications for higher
				  License shall be accompanied by a fee of five dollars ($5.00). The biannual
				  renewal fee will be ten dollars ($10.00). A technology/processing fee may be
				  added to said application and renewal fees should an online payment method be
				  used.
C. The Board shall review
				  applications and supporting documents, determine the eligibility of the
				  applicant for examination and notify the applicant of the same.
D. The application fee will not be returned
				  should the application be denied or upon failure to pass the
				  examination.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.10 - Examinations

Current through June 14, 2024
A. The Board shall prepare written
				  examinations to be used in determining knowledge, ability and judgment of the
				  operators.
B. Examinations shall be
				  held at least twice annually at a place and time set by the Board. Notification
				  of examination shall be posted at least sixty (60) days in advance of the
				  examination date.
C. Except in such
				  cases as the Board may decide, all examinations shall be written. All
				  examinations shall be graded by the Board or by its designees, and the
				  applicant shall be notified of the outcome in writing. Papers used in the
				  examination will not be returned to the applicant, but the results may be
				  reviewed with a member of the Board, or its designee, upon request by the
				  applicant up to thirty (30) days after notification of the results.
D. The Board will grade all exams with a
				  minimum passing score of seventy percent (70%). No examination will be
				  scaled.
E. Applicants who fail to
				  pass an examination may apply to be re-examined at a regularly scheduled
				  examination.
F. A Grade 2 Operator
				  meeting all of the requirements of the Grade 3 examination except being in
				  Direct Responsible Charge may apply to take the Grade 3 examination.
1. If the application is approved by the
				  Board and the individual passes the Grade 3 exam, that person would receive a
				  notice of passing valid either for a period of five (5) years from the
				  examination date should the person maintain licensure at the Tier One Level or
				  indefinitely should (and while) the person maintain licensure at the Tier Two
				  Level, provided that each renewal period at the Tier Two Level include within
				  the required twenty (20) hours of training a minimum of five (5) hours in
				  employee management and/or labor relations.
2. If that individual secures a position of
				  Direct Responsible Charge at a Wastewater Treatment Facility during the period
				  of validity (whether five (5) years from the date of passing for a person
				  maintaining a Tier One Level License or indefinitely for a person maintaining a
				  Tier Two Level), he/she would not be required to take the examination to be
				  eligible for an OIT Certificate. (See §
											5.11(B)(4)
				  of this Part for information on renewal tiers).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.12 - Revocation of Certificates

Current through June 14, 2024
A. The Board may
				  suspend or revoke the Certificate of an Operator, Laboratory Technician or
				  Maintenance Technician when it finds that he/she performed his/her duties in a
				  negligent manner that produced an effluent below the standards normal for the
				  particular facility operated; or that he/she has practiced fraud or deception;
				  or that reasonable care, judgment or the application of his/her knowledge or
				  ability was not used in the performance of his/her duties; or that an
				  individual is incompetent or unable to perform his/her duties properly. In
				  determining when such action(s) may be necessary, the Board may use Table III
				  as a reference for suggested levels of action.
B. Before the Board may institute proceedings
				  to suspend or revoke a Certificate, it will send notice, by certified mail to
				  the individual whose Certificate is being considered for suspension or
				  revocation, of the facts or conduct which warrant the intended action. The
				  notice shall afford the individual thirty (30) days from receipt of the notice
				  to submit a written response or request a meeting before the Board to show
				  compliance with all lawful requirements for the retention of the Certificate.
				  If the Certificate holder fails to submit a written response or request a
				  meeting before the Board to show compliance within thirty (30) days of the
				  receipt of said notice or fails to show cause why the Certificate should not be
				  revoked, the Board may revoke the Certificate in accordance with these
				  Regulations, R.I. Gen. Laws Chapters 42-17.4 through 42-17.8, and R.I. Gen.
				  Laws Chapter 42-35. The notice of revocation shall be mailed by certified mail
				  to the Certificate holder.
C. If
				  the Board finds that public health, safety, or welfare imperatively requires
				  emergency action, and incorporates a finding to that effect in its order,
				  summary suspension of a Certificate may be ordered pending proceedings for
				  revocation. These proceedings shall be promptly instituted and
				  determined.
D. The Certificate
				  holder may request a hearing on the suspension or revocation of the Certificate
				  with the Board. The request for hearing must be received by the Board within
				  thirty (30) days of the date of receipt of the notice of suspension or
				  revocation. The hearing shall comply with the requirements of R.I. Gen. Laws
				  §
										42-35-9. Appeal from the final
				  decision of the Board may be made as provided under R.I. Gen. Laws Chapter
				  42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.13 - Penalty for Violations

Current through June 14, 2024
Pursuant to R.I. Gen. Laws Chapters 42-17.4 through
					 42-17.10, any person who shall be found guilty of violations of any of the
					 provisions of the Rules and Regulations for Wastewater Treatment Facility
					 Operators shall be punished by a fine of not more than five hundred dollars
					 ($500.00) or by imprisonment for not more than thirty (30) days, or by both
					 fine and imprisonment, and every person shall be deemed guilty of a separate
					 and distinct offense for each day during which the violation is repeated or
					 continued.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.14 - Table I - Classification of Wastewater Treatment Facilities - Point Values

Current through June 14, 2024
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Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.15 - Table II - Wastewater Treatment Plant Classification - Variable Point Guide

Current through June 14, 2024
Click here to view
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Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 5 - Rules and Regulations for Wastewater Treatment Facility Operators › Section 250-RICR-150-10-5.16 - Table III - Guidelines for Licensure Enforcement

Current through June 14, 2024
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Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.1 - Purpose

Current through June 14, 2024
The purpose of these Rules is to protect public health and
					 the environment by establishing minimum standards for the proper location,
					 design, construction and maintenance of onsite wastewater treatment systems
					 (OWTSs) used for the treatment and dispersal of wastewater.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.2 - Authority

Current through June 14, 2024
These Rules are promulgated pursuant to R.I. Gen. Laws
					 Chapter 42-17.1, Environmental Management; Chapter 5-56, Installers of
					 Individual Sewage Disposal Systems; Chapter 5-56.1, Designers of Individual
					 Sewage Disposal Systems; Chapter 23-19.5, Percolation Tests and Water Table
					 Elevations; Chapter 23-24.3, Substances or Compounds Used as Sewerage System
					 Cleaners; Chapter 46-13.2, Drilling of Drinking Water Wells, and Chapter
					 2319.15, Rhode Island Cesspool Act of 2007; in accordance with Chapter 42-35,
					 Administrative Procedures.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.3 - 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 laws,
					 goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.4 - Severability

Current through June 14, 2024
If any provision of these Rules, or 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 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.5 - Applicability

Current through June 14, 2024
A. These Rules apply to the discharge of
				  wastewater to an OWTS. Other wastewater that does not meet the definition in
				  §
										6.8 of
				  this Part discharged to the subsurface must be done in accordance with
				  Subchapter 05 Part 4 of this Chapter. Where an OWTS is approved for discharge
				  of wastewater from commercial or industrial uses, the Director may require the
				  applicant to obtain an approval from the Groundwater Discharge Program if, in
				  the opinion of the Director, there is a reasonable risk that materials used in
				  commercial or industrial processing may be discharged to the system.
B. These Rules provide minimum requirements
				  for the design of an OWTS and its components. In addition, the Rules provide
				  for the approval of alternative or experimental technologies (§
										6.41 of this Part) that may
				  be used in conjunction with, or as an alternative to, the OWTSs and components
				  specified herein.
C. No provision
				  of these Rules nor permit granted hereunder shall be construed to prevent
				  enforcement of any other State, Federal or local laws and Regulations duly
				  adopted for the purpose of protecting the public health or environmental
				  quality.
D. 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.
E. These Rules shall apply to all
				  applications submitted to the Department after the effective date of these
				  Rules. Applications submitted to the Department prior to the effective date of
				  these Rules shall be governed by the Rules in effect at that time.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.6 - Administrative Findings

Current through June 14, 2024
A. OWTSs are an
				  integral part of our total wastewater infrastructure representing the
				  decentralized systems on the Rhode Island landscape. The people of the State
				  should be assured that adequate OWTSs have been and are being provided and
				  maintained for all dwellings and buildings not served by public wastewater
				  systems.
B. OWTSs must be viewed as
				  wastewater treatment and dispersal systems, not merely as disposal systems.
				  OWTSs must be located, designed, constructed, operated, and maintained in a
				  manner to produce an effluent that, when released into the environment, will
				  not cause adverse public health or environmental impacts.
C. The improper location, design,
				  construction, operation and maintenance of OWTSs may have the following harmful
				  effects:
1. Public health may be imperiled by
				  diseases and other health hazards relating to inadequately treated
				  wastewater;
2. The public health
				  and interest may be harmed by contamination of groundwater resources that are
				  now used or which may be used in the future as sources of public or private
				  drinking water supply;
3. The
				  public health and interest may be harmed by contamination of public or private
				  drinking water wells and other water supplies or tributaries thereto;
4. Freshwater and coastal waters of the State
				  may be imperiled by high nutrient and bacteriological contamination;
5. The people of the State may be
				  inconvenienced or harmed by nuisance conditions such as odors and OWTS
				  overflows; and
6. The public use
				  and enjoyment of the water resources of the State for recreational endeavors
				  may be disrupted or imperiled by contamination of those resources.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.7 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate the ASTM International "Standard
				  Specification for Precast Concrete Septic Tanks C- 1227-10a " (2010) 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 the International Association of Plumbing and
				  Mechanical Officials "American National Standard for Prefabricated Septic Tanks
				  IAPMO/ANSI Z 1000-2007 " (2007) 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.
C. These Regulations hereby adopt and
				  incorporate the NSF International/American National Standards Institute
				  Standard 41 "Non-liquid Saturated Treatment Systems" (2005) 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.
D. These Regulations
				  hereby adopt and incorporate the NSF International/American National Standards
				  Institute Standard 245 "Nitrogen Reduction Wastewater Treatment Systems" (2010)
				  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.
E. These Regulations
				  hereby adopt and incorporate 40 C.F.R. Parts 9, 144, 145, and 146 (1999) 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.
F. These Regulations
				  hereby adopt and incorporate the National Electrical Manufacturers Association
				  Standard 250-2014 "Enclosures for Electrical Equipment (1000 Volts Maximum)"
				  (2014) 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.
G. These
				  Regulations hereby adopt and incorporate the ASTM International "Standard
				  Specification for Concrete Aggregates C33/C 33M-16e1) " (2016) 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 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.9 - Prohibitions

Current through June 14, 2024
A. No individual shall prepare plans,
				  applications, certifications or specifications for the design of an OWTS that
				  is to be submitted to the Department pursuant to these Rules, unless such
				  individual has a valid license in accordance with the provisions of these Rules
				  to conduct such activity.
B. No
				  individual shall install, construct, alter, or repair an OWTS pursuant to these
				  Rules unless such individual has a valid license in accordance with the
				  provisions of these Rules to conduct such activity. This prohibition does not
				  apply to a property owner installing, constructing, altering, or repairing an
				  OWTS to serve a building the owner occupies or will occupy as the owner's
				  intended permanent domicile, provided that the owner has obtained written
				  permission for that work and has obtained the Director's approval of the plans
				  and specifications for that work prior to the start of any
				  construction.
C. No person shall
				  install, construct, alter or repair or cause to be installed, constructed,
				  altered or repaired any OWTS without first obtaining the Director's written
				  approval of the plans and specifications for such work and without adhering to
				  each and every term of the approval. OWTS repairs in accordance with §
										6.18(G)(4)
				  of this Part are exempt from this prohibition.
D. No person shall utilize an OWTS permitted
				  under these Rules:
1. In a manner that causes
				  wastewater flow to exceed the OWTS's design capacity;
2. For other wastewater that doesn't meet the
				  definition in §
											6.8 of this Part;
				  or
3. In a manner that does not
				  conform with the terms of the Department issued permit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.10 - Class I, II, III, and IV Licenses

Current through June 14, 2024
A. Class I
				  Designer's License - A Class I License authorizes the design of a repair to an
				  OWTS, or any component thereof, provided that the repaired OWTS meets one (1)
				  of the criteria below:
1. OWTS, other than
				  alternative or experimental systems, permitted under these Rules for
				  residential use with a design flow of less than or equal to nine hundred (900)
				  gallons per day; or
2. Alternative
				  or experimental OWTS for residential use designated by the Director as suitable
				  for a Class I Licensed Designer with a design flow of less than or equal to
				  nine hundred (900) gallons per day.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.12 - Expiration and Renewal of a Class I, II, III or IV License

Current through June 14, 2024
A. Expiration - Once a license issued
				  pursuant to this Rule has expired, the individual that held such license is
				  prohibited to practice as a Licensed Designer or Soil Evaluator.
B. Renewal Prior to Expiration - A license
				  issued pursuant to this Rule may be renewed provided that:
1. The applicant pays the renewal
				  fee;
2. The applicant certifies
				  that the professional license(s) required as a minimum qualification for the
				  respective exam is valid;
3. The
				  applicant demonstrates satisfactory completion of a minimum of four (4)
				  continuing education units of appropriate professional development per year
				  since the applicant's license was issued or renewed. Events eligible for this
				  continuing education shall be rated by the Director with consideration of their
				  value and applicability to the relevant design class. Eligible events will be
				  assigned "continuing education units." The Director shall maintain a list of
				  approved continuing education events and the units assigned to each. Pursuant
				  to R.I. Gen. Laws §
											5-56.1-4(b),
				  Professional Engineers who have met all the educational requirements and have
				  been registered and authorized to practice engineering in the state of Rhode
				  Island by the state board of registration for professional engineers shall not
				  be required to attend or enroll in continuing education programs as a
				  requirement for the renewal of their Class III designer's license. Active
				  applicants for Class I, Class II, or Class IV license renewals who have
				  maintained the specific license to be renewed in good standing for twelve (12)
				  consecutive years shall not be required to attend or enroll in continuing
				  education programs as a requirement for the renewal of that license; and
4. The applicant demonstrates
				  satisfactory compliance with any unresolved OWTS regulatory requirements,
				  including submission of properly completed Certificates of Construction and,
				  where necessary, as-built plans.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.13 - Disciplinary Action for Class I, II, III and IV Licensees

Current through June 14, 2024
A.
				  Where the Director has identified negligence, incompetence or misconduct on the
				  part of a licensee in fulfilling the requirements of these Rules, the Director
				  may issue a notification letter to the licensee documenting the transgression.
				  A copy of the notification shall be placed in the licensee's file, and a copy
				  shall be provided to the review panel established pursuant to §
										6.13(E) of
				  this Part.
B. Denial, Suspension,
				  or Revocation of License - The Director may deny, suspend or revoke a license
				  if the individual has failed to comply with the requirements in these Rules or
				  where the individual:
1. Provided incorrect,
				  incomplete or misleading information in obtaining the license;
2. Demonstrated gross or repeated negligence,
				  incompetence or misconduct in representation of site conditions; design of an
				  OWTS; preparation of any plans, certifications or applications submitted to the
				  Department; in the inspection of an installation of an OWTS; in the supervision
				  of subordinates performing work covered under these Rules; or by lack of
				  responsiveness to inquiry by the Department pursuant to a complaint being
				  investigated by the Department;
3.
				  Committed a felony involving moral turpitude; or
4. Has a professional license that is a
				  minimum qualification to obtain the designer's license in §
											6.11(B) of
				  this Part which has expired, is suspended or is revoked.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.14 - Installer's License

Current through June 14, 2024
A. Installer's
				  License - An Installer's License authorizes an individual to install,
				  construct, alter or repair an OWTS. A Licensed Installer shall install an OWTS
				  in accordance with §
										6.47 of this
				  Part.
B. Obtaining an Installer's
				  License
1. Each applicant for an Installer's
				  License shall submit a completed application to the Director along with a
				  non-refundable application fee.
2.
				  Applicants for an Installer's License will be required to demonstrate
				  possession of and ability to properly use a level or transit and to obtain a
				  passing grade on a written examination given by the Director. The examination
				  shall be intended to demonstrate an applicant's understanding of the Rules and
				  the ability to read and interpret approved plans and specifications for
				  OWTSs.
3. Installer's Licenses are
				  not transferable or assignable and shall automatically become invalid upon
				  suspension or revocation.
4.
				  Installer's Licenses shall be in effect for a period not to exceed three (3)
				  years following the date of issuance.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.15 - Onsite Wastewater Treatment Systems - General

Current through June 14, 2024
A.
				  Any dwelling or other building having plumbing fixtures from which wastewater
				  is produced, in a location where no public wastewater system is available or
				  accessible, shall be provided with an OWTS of type and design approved by the
				  Director.
B. All of the components
				  of an OWTS shall be located within the boundary of the property upon which the
				  building or dwelling served by the OWTS is located. Exemption to this
				  requirement may be granted for OWTSs serving more than one (1) unit in a
				  proposed subdivision or for any OWTS repair.
C. Household Laundry Systems - For an OWTS
				  designed to receive household laundry waste only, a leachfield sized to accept
				  twenty percent (20%) of the design flow may be used without the installation of
				  a septic tank.
D. Issuance of
				  Building Permits For Activities Requiring Approval Under These Rules - A
				  municipality shall not issue a building permit pursuant to R.I. Gen. Laws
				  Chapter 23-27.3, unless all written approvals by the Director required by these
				  Rules have been presented to the municipality and said approvals are valid at
				  the time of the issuance of the building permit.
E. Connection to a Public Wastewater System -
				  An OWTS application shall not be approved if such OWTS is proposed to serve a
				  premises for which a public wastewater system is reasonably accessible as
				  determined by the Director, and for which permission to enter the public
				  wastewater system can be obtained from the authority having jurisdiction. The
				  Director shall require the owner or occupant to connect the structure to a
				  public wastewater system within a specified period of time if the following
				  occur:
1. The OWTS is failing;
2. Public wastewater system is reasonably
				  accessible as determined by the Director; and
3. Permission to connect to the public
				  wastewater system can be obtained from the authority having jurisdiction over
				  it.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.16 - Soil Evaluation

Current through June 14, 2024
A. Soil Evaluation
				  Required - A soil evaluation shall be required for an OWTS Application for New
				  Building Construction, for an OWTS Application for Alteration of a Structure,
				  and for an OWTS Application for Repair for non-residential uses in accordance
				  with §
										6.18 of this
				  Part.
B. Validity of Field Data -
				  Field data shall be considered valid for a period of five (5) years from the
				  time of initial certification by the Department or five (5) years from the date
				  of initial approval of any OWTS application, design, or subdivision suitability
				  where the data were used, whichever occurred most recently. Field data older
				  than five (5) years may be used provided that §§
										6.16(B)(1) through
				  (3) of this Part are met. Field data cannot
				  be renewed independent of an OWTS application or subdivision site suitability
				  certification application.
1. The field
				  conditions are essentially unchanged;
2. The field data was initially compiled and
				  certified after July 20, 1987 for subdivisions or after December 31, 1992 for
				  individual lots; and
3. Its
				  continuing validity is properly certified on the OWTS application or
				  Application for Subdivision Site Suitability Certification.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.17 - Additional Site Testing

Current through June 14, 2024
A. Determination of
				  depth to bedrock and the presence of storm deposited sand in the backdune
				  environment or human transported material, as required in §§
										6.17(B) and
				  (C) of this Part, shall be made by a Class II
				  or III Licensed Designer or a Soil Evaluator on forms approved by the
				  Director.
B. Determination of Depth
				  to Bedrock
1. Bedrock test holes, conducted
				  in accordance with §
											6.17(B)(2)
				   of this Part, shall be required when any of
				  the following occur:
a. Bedrock is
				  encountered within eight feet (8') of original ground surface in the excavation
				  of any of the test holes for the soil evaluation;
b. Bedrock outcrops are visible in the
				  surrounding area; or
c. Landscape
				  conditions warrant bedrock test holes.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.20 - Applications Involving the DEM Freshwater Wetlands Program and the Coastal Resources Management Council

Current through June 14, 2024
A. Applications
				  Involving the DEM Freshwater Wetlands Program
1. All applications pursuant to these Rules
				  associated with a construction project which may affect a freshwater wetlands
				  jurisdictional area defined pursuant to Subchapter 15 Part 3 of this Chapter,
				  Rules and Regulations Governing the Administration and Enforcement of the
				  Freshwater Wetlands Act and regulated by the Department shall be submitted in
				  accordance with §§
											6.20(A)(1)(a),
				  (b), or (c) of this Part:
a. The OWTS application may be accompanied by
				  the appropriate determination or permit required by the DEM Freshwater Wetlands
				  Program. Accordingly, where an applicant proposes to construct OWTS, the
				  applicant must apply for and receive the appropriate determination or permit
				  from the Freshwater Wetlands Program prior to submission to the OWTS
				  Program;
b. The applicant may
				  submit applications to the Freshwater Wetlands Program and the OWTS Program at
				  the same time. No OWTS Application for a construction project which may affect
				  a freshwater wetlands jurisdictional area, as defined pursuant to Subchapter 15
				  Part 3 of this Chapter, Rules and Regulations Governing the Administration and
				  Enforcement of the Freshwater Wetlands Act, will be approved without the
				  appropriate determination or permit from the Freshwater Wetlands Program; or
c. For Applications for New
				  Building Construction or Applications for Alteration to a Structure on a single
				  family house lot in proximity to DEM's Freshwater wetlands permitting
				  jurisdiction, the applicant may submit a joint OWTS/ Freshwater Wetlands Permit
				  application on a form approved by the Director for this purpose. Approval of a
				  joint OWTS/Freshwater Wetlands Permit application will be held to satisfy both
				  sets of Regulations and include conditions as may be needed. Permits issued
				  under this process may not be renewed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.22 - Wastewater Flow

Current through June 14, 2024
A. Determination of
				  Wastewater Flow
1. An OWTS must be designed
				  to dispose of the estimated maximum daily flow from the building(s) it serves.
				  The maximum daily flow is estimated by multiplying flow per unit from §
											6.22(B) 
				  of this Part by the maximum design capacity of the building. For facilities
				  with more than one (1) use listed in §
											6.22(B) 
				  (e.g., a retail store with a restaurant), the maximum daily flow for the
				  facility shall be the total of the flows from the separate uses using §
											6.22(B).
				  The employee contribution to the design flow shall be included for
				  non-residential uses other than restaurants by estimating the maximum number of
				  employees who may be present during a single day of operation multiplied by a
				  design flow of fifteen (15) gallons per person per day.
2. For establishments not listed in §
											6.22(B) of
				  this Part, the maximum daily flow shall be determined by either of the
				  following:
a. Two (2) times the average daily
				  meter reading taken from a minimum of two (2) comparable establishments for one
				  (1) month during the period of the year that represents the greatest water use
				  for the establishment; or
b. If six
				  (6) months of daily meter readings are available for a minimum of two (2)
				  comparable establishments that includes the period of the year that represents
				  the greatest water use for the establishment, the OWTS shall be designed using
				  the highest daily flow without the use of a peaking factor.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.24 - Subsurface Drains

Current through June 14, 2024
A. Prior to seeking
				  a permit for an OWTS that includes a subsurface drain, the applicant shall have
				  all other relevant State or local approvals or permits for construction of the
				  subdrain and discharge of the drainage effluent. Such approvals may include,
				  but are not limited to, DEM Freshwater Wetlands Program, the Rhode Island
				  Coastal Resources Management Council Preliminary Determination, the
				  municipality or the Rhode Island Department of Transportation.
B. Construction - A subsurface drain
				  constructed to lower the groundwater table shall consist of not less than six
				  inches (6") of washed stone three quarters of an inch (3/4") to two inches (2")
				  in diameter, over which is laid a perforated pipe at least four inches (4") in
				  diameter. The stone shall extend above the pipe to within two feet (2') of the
				  ground surface. A layer of filter fabric meeting the requirements of §
										6.33(L) of
				  this Part shall be placed above, below and along the sides of the stone for the
				  entire length of the drain. Changes in direction shall not exceed ninety
				  degrees (90°). Where a change in direction is greater than forty-five
				  degrees (45°), a manhole is required, unless the change in direction is
				  achieved through the use of a thirty-six inch (36") radius sweep.
C. Monitoring - The effectiveness of
				  subsurface drains used to lower the groundwater table must be demonstrated
				  through one (1) complete wet season, January 1 through April 15, before
				  consideration can be given to an application for an OWTS permit. The Department
				  may allow lesser periods of monitoring if site conditions and wet season
				  conditions warrant.
1. Groundwater table test
				  holes shall be located within the area of the proposed leachfield with one (1)
				  on the upgradient side and one (1) on the downgradient side. The test holes
				  shall not be located within twenty-five feet (25') of the upgradient subsurface
				  drain or within fifty feet (50') of the downgradient subsurface
				  drain.
2. Groundwater table initial
				  readings shall be submitted on forms approved by the Director by January 30 in
				  order to effectively allow the Department and the Licensed Designer to monitor
				  the effects of the subsurface drain through the wet season.