reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.19 - Superseded Rules

Current through June 14, 2024
A. On the effective
				  date of this Section, all previous Rules regarding the administration and
				  enforcement of the Freshwater Wetlands Act shall be superseded notwithstanding
				  the following:
1. Any application submitted to
				  the Department prior to July 1, 2022 shall be governed by Part 1 of this
				  Subchapter.
2. Any enforcement
				  action taken by the Department between January 15, 2022 and July 1, 2022 shall
				  be governed by Part 1 of this Subchapter. Any enforcement action taken by the
				  Department prior to January 15, 2022 shall be governed by the Rule in effect at
				  the time the violation occurred.
3. Applicants for projects that have obtained
				  a valid Master Plan Approval from a municipality on or before July 1, 2022 may
				  elect to comply with the prior Freshwater Wetlands Rules, in effect as of July
				  16, 2014, provided that a complete application for the project is submitted to
				  the Department on or within sixty (60) days from the effective date specified
				  in §
											3.20(B) of
				  this Part. A copy of Master Plan Approval shall be submitted with the
				  application to demonstrate eligibility under this Rule; and
4. A project within a jurisdictional area for
				  which a valid building permit has been issued prior to July 1, 2022 and that
				  was not required to obtain a permit under Part 1 of this Subchapter may be
				  constructed in accordance with the building permit without a requirement to
				  obtain a freshwater wetlands permit for the subject project.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.20 - Effective Date

Current through June 14, 2024
A.
										§§
										3.19 and
				  3.20 of these Rules shall
				  become effective twenty (20) days after filing with the Secretary of
				  State.
B. All other sections herein
				  shall become effective on July 1, 2022.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.22 - Freshwater Wetlands Jurisdictional Boundary Map

Current through June 14, 2024
Click here to
					 view
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.23 - Statewide Buffer Zone Designations

Current through June 14, 2024
A.
										§
										3.23 of this Part presents
				  the statewide buffer zones designated by the Director to protect freshwater
				  wetlands, including rivers and ponds, consistent with §
										3.7 of this Part. The buffer
				  zones are applicable to projects or activities that are subject to freshwater
				  wetlands permitting requirements, except as otherwise provided for in
				  §§ 3.5.7 and 3.13.1 through 3.13.4 of this Part which govern
				  freshwater wetlands for farmers conducting farming activities.
B. The designated buffer zones are organized
				  into regions which are depicted on a map described in §
										3.23(C) of
				  this Part and included in §
										3.24 of this Part. The
				  regions are:
1. Non-urban River Protection
				  Region 1 and River Protection Region 2: These Regions includes watershed areas
				  that are high priorities for conservation of fish and wildlife habitat,
				  including rivers which rank highest on a Rhode Island stream condition index,
				  as well as areas of the State that exhibit a mix of land uses, watershed
				  characteristics and settings.
2.
				  Urban Region: This Region includes densely developed areas of the State
				  including portions of watersheds that contain high percentages of impervious
				  cover and areas that are already developed or altered.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 15 - Wetlands › Part 3 - Rules and Regulations Governing the Administration and Enforcement of the Freshwater Wetlands Act › Section 250-RICR-150-15-3.24 - Freshwater Wetlands Buffer Regions Map

Current through June 14, 2024
Click here to
					 view
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.1 - Purpose

Current through June 14, 2024
The purpose of these State Revolving Fund (SRF) Program
					 regulations is to establish procedures for the issuance of Certificates of
					 approval for water pollution abatement projects seeking financial assistance
					 from the Clean Water State Revolving Fund.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.2 - Legal Authority

Current through June 14, 2024
A. The federal
				  Clean Water Act, 33 U.S.C.
				  §
											1251 et seq. (2018), ("CWA")
				  authorized establishment of, and funding for, a capitalization grant program to
				  states for establishing perpetual revolving loan funds as a source of low-cost
				  financing for water pollution abatement projects.
1. The creation of the Rhode Island
				  Infrastructure Bank ("Bank") and the charge to work in conjunction with the
				  Rhode Island Department of Environmental Management ("DEM") to secure the
				  benefit of the CWA Title VI program for Rhode Island was established by Chapter
				  303 of the Rhode Island Public Laws of 1989. This chapter was codified as R.I.
				  Gen. Laws Chapter 46-12.2.
2. These
				  SRF Program regulations are adopted in accordance with Chapter 42-35 (the
				  Administrative Procedures Act) pursuant to: the requirements of R.I. Gen. Laws
				  Chapter 46-12.2; the Director's powers and duties under R.I. Gen. Laws Chapter
				  42-17.1 and 46-12.2 and R.I. Gen. Laws §
											46-12-3; and the federal
				  requirements of Title VI of the CWA.
3. These regulations are effective twenty
				  (20) days from the date of filing with the Secretary of State.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.3 - Superseded Regulations

Current through June 14, 2024
These regulations supersede and entirely replace the "Rules
					 and Regulations for the State Revolving Loan Fund (SRF) Program" dated March
					 1991 and amended June 1994 and September 1997.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations or the
					 application thereof to any local government unit, person, or circumstance is
					 held invalid by a court of competent jurisdiction, the remainder of the rules
					 and regulations shall not be affected thereby. The invalidity of any section or
					 sections or parts of any section or sections shall not affect the validity of
					 the remainder of these rules and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.6 - Eligibility

Current through June 14, 2024
A. All water pollution abatement projects
				  proposed by local governmental units, corporations and persons, to the extent
				  permitted by Title VI of the Clean Water Act, which are consistent with the
				  state's goals, policies, and objectives as expressed in the State Guide Plan
				  and are consistent with a plan approved under either Section 201, 319, or 320
				  of the federal Clean Water Act,
				  33 U.S.C. §§
											1281,
				  1329, and
				  1330 (2018), are eligible for
				  assistance from the SRF Program. Assistance will be offered and awarded to
				  projects based on ranking of the environmental benefits of the project,
				  readiness to proceed and availability of funds.
B. Additional eligibility restrictions may
				  apply to certain types of projects funded in whole or in part from funds
				  awarded through Title VI of the Clean Water Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.7 - Environmental Review

Current through June 14, 2024
A. All Section 212
				  ( 13 U.S.C. § 1292 (2018)) projects funded by the SRF Program must have
				  the environmental impacts of project alternatives analyzed and evaluated as
				  part of facilities planning or reaffirmation of the environmental review of an
				  existing Wastewater Facilities Plan (WWFP). All Section 212 projects will
				  include an Environmental Assessment and, if significant impacts on the
				  environment are identified at any point in the planning process, an
				  Environmental Impact Statement must be prepared. DEM will prepare any FONSI or
				  ROD that is required. DEM shall review and approve all properly documented
				  requests for Categorical Exclusions. DEM can only issue Certificates of
				  Approval for Section 212 design and construction projects identified in a
				  DEM-approved Wastewater Facilities Plan and its associated environmental
				  review. The State Environmental Review Process (SERP) for Section 212 projects
				  is conducted pursuant to §
										1.12 of this Part.
1. The environmental review requirements for
				  most Section 319 and Section 320 (33 U.S.C. §§
												1329, and
				  1330 (2018)) projects will be
				  satisfied when they are consistent with either the NPS Plan or the CCMP.
				  Certain Section 319 and 320 projects with Section 212 attributes may be subject
				  to additional environmental review requirements.
2. At the request of another state agency, or
				  quasi-state agency, the SERP may be used by the Director to assess the
				  environmental impacts of activities funded through programs other than the SRF
				  program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.8 - Certificate of Approval Process

Current through June 14, 2024
A Certificate of Approval for a project must be issued by
					 DEM as the basis for receiving an SRF loan from the Bank. Applications for a
					 Certificate of Approval will be submitted to the DEM, Office of Water
					 Resources.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.9 - Loan Program

Current through June 14, 2024
All loan requirements are contained in the Bank's "Clean
					 Water State Revolving Fund Loan Policies and Procedures".
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.10 - Project Administration and Audit

Current through June 14, 2024
Any SRF loan project is subject to periodic site visits for
					 reviews and inspections of the project progress, records, and accounts by
					 either or both DEM and the Bank. All SRF project accounts must be reviewed as a
					 major federal program under the federal Single Audit Act standards,
					 31 U.S.C. §
											7501 et seq., during any audit. All project
					 management and fiscal records must be maintained by the borrower for a period
					 of five years following project completion or final financial settlement,
					 whichever is greater.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 1 - Rules and Regulations for the State Revolving Fund (SRF) Program (250-RICR-150-20-1) › Section 250-RICR-150-20-1.11 - Penalties

Current through June 14, 2024
In cases of non-compliance with conditions of a Certificate
					 of Approval, a warning letter will be sent. Failure to correct or willful
					 non-compliance with Certificate of Approval conditions will result in the
					 issuing of a Notice of Violation by the DEM under the procedure detailed in
					 R.I. Gen. Laws §
										42-17.1-2(u). In
					 addition to the Director's authority to assess administrative penalties for
					 non-compliance under the authority of R.I. Gen. Laws Chapter 42-17.6,
					 non-compliance with loan award conditions will be a condition of default of the
					 SRF loan, and the local governmental unit or person may be assessed additional
					 penalties by the Rhode Island Infrastructure Bank (Bank).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.1 - Purpose

Current through June 14, 2024
A. The Priority Determination System is
				  designed to achieve optimum water quality management results from the Rhode
				  Island Department of Environmental Management's (DEM) water pollution abatement
				  project construction assistance programs, consistent with the powers and duties
				  of the Department denoted in Chapters 42-17.1, 46-12, and 46-12.2 of the Rhode
				  Island General Laws as amended, and the Federal Water Pollution Control Act
				  [33 U.S.C. Sec.
				  1251 et seq., as amended], commonly called
				  the Clean Water Act.
B. The
				  Priority Determination System describes procedures for annually determining the
				  priority rating and ranking of all categories of identified water pollution
				  abatement projects proposed by local governmental units and persons, which may
				  receive federal and/or state funding assistance from the State Revolving Fund
				  (SRF) and the Interceptor Bond Fund (IBF) account of the Rhode Island Clean
				  Water Act Environmental Trust Fund.
C. Eligibilities and actual assistance awards
				  are determined by the criteria and methodology contained in the rules and
				  regulations for each specific assistance program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										42-17.1-1 et seq., 46-12-1 et
					 seq., and 46-12.2-1 et seq.; and in accordance with R.I. Gen. Laws §
										42-35-1 et seq.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.3 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.5 - Project Priority List

Current through June 14, 2024
A. A project cannot
				  receive funding from any DEM assistance program which utilizes the Priority
				  Determination System unless it is on the approved Project Priority List. The
				  DEM, Office of Water Resources must receive a letter of intent or equivalent
				  document requesting that the proposed project be placed upon the Project
				  Priority List. To be rated and ranked under the project priority system, the
				  letter of intent for a requested project must include:
1. Documentation that the requested project
				  is, at a minimum, not inconsistent with: the State Guide Plan; a Community
				  Comprehensive Plan; the Non-Point Source Management Plan; the Areawide Waste
				  Treatment Management Plan or Plans; the Comprehensive Conservation and
				  Management Plan; an approved Wastewater Facilities Plan. EXCEPTION: this
				  requirement does not necessarily apply to request for assistance for planning
				  or scientific investigations/studies.
2. A total cost estimate of all costs
				  relating to the project.
3. A
				  project description and schedule.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.6 - Project Rating

Current through June 14, 2024
A. The Director
				  shall rate each project according to the project rating criteria in Appendix I
				  of these Regulations. In order to rate a project, the Director must determine
				  that the project will contribute to achieving the State water quality policy
				  goals and objectives. The numerical scores in Appendix I are based on the
				  following:
1. The existing conditions that
				  cause the pollution.
2. The
				  benefits of the proposed project, including improvements in overall efficiency
				  and service.
3. Improvements to
				  water quality.
4. Intergovernmental
				  needs, requirements, or mandates identified in: the State Guide Plan; a
				  Community Comprehensive Plan; the Non-Point Source Management Plan; the
				  Areawide Waste Treatment Management Plan; the Comprehensive Conservation and
				  Management Plan; a Special Area Management Plan; an approved Total Maximum
				  Daily Load or Watershed Action Plan, or an approved Wastewater Facilities
				  Plan.
5. The degree to which a
				  project is ready to proceed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.7 - Project Ranking

Current through June 14, 2024
Projects will be ranked based upon points accumulated
					 pursuant to §
										2.6 of this Part. The
					 Director shall not place projects on the PPL and shall remove projects from the
					 PPL when it is determined that the projects will not contribute to achieving
					 applicable state water quality goals, policies, standards, or
					 objectives.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.8 - Review and Adoption of Priority List

Current through June 14, 2024
A. The Director
				  shall make available for written comments the proposed PPL prior to its
				  adoption.
B. Public notice of the
				  availability of the proposed PPL shall be published in a newspaper of the State
				  with statewide circulation, or on the Department's website, for up to thirty
				  (30) calendar days, or as required by R.I. Gen. Laws §42-35, to afford all
				  interested persons reasonable opportunity to submit data, views, or arguments
				  concerning the proposed PPL. The public notice shall indicate the location
				  where copies of the draft PPL may be obtained and/or reviewed by interested
				  parties.
C. The Director shall
				  accept written comments on the draft PPL. The Director shall consider fully all
				  written submissions respecting the proposed PPL, and make any changes deemed
				  necessary to serve the purposes of these Regulations.
D. The Director will adopt a final PPL. Upon
				  adoption of the final PPL, if requested to do so by an interested person, the
				  Director will issue a concise statement of the principal reasons for and
				  against its adoption, incorporating therein the reasons for overruling the
				  considerations urged against its adoption.
E. The Director shall permanently retain a
				  copy of the PPL development record which shall include a copy of the final PPL,
				  copies of all comments, and any statement by the Director regarding the
				  comments on or adoption of the final PPL.
F. The Director shall include such
				  information in the PPL for each project as required by the EPA pursuant to the
				  Clean Water Act and guidance issued pursuant thereto.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.9 - Project Priority List Revision

Current through June 14, 2024
A. The Director
				  shall review the PPL for changes in estimated project schedules, project costs
				  and/or scope, annually. The Director may propose modification of the PPL at any
				  time according to these procedures:
1.
				  Addition to the list: projects can only be added to the PPL after a public
				  notice period as described in Rule
				  2.8 (250-RICR- 150-20-2
				  ).
2. Removal from the list:
a. The Director may remove a project
				  completely from the Project Priority List if is determined: that it is fully
				  funded by other assistance programs; that it is not consistent with an approved
				  WWFP or applicable comprehensive management plan; or that significant
				  deficiencies exist in the project scope of work or costs analysis.
b. The Director shall notify by certified
				  mail the person or local governmental unit whose project will be removed and
				  the basis for the removal. The person or local governmental unit shall have ten
				  (10) calendar days from receipt of the letter to submit evidence to the DEM
				  showing that its project should not be removed.
c. The Director shall review his/her decision
				  based on the information submitted by the person or local governmental unit and
				  shall revise his/her decision if deemed necessary.
d. A person or local governmental unit whose
				  project is removed after such review by the Director may request that the
				  Director reverse his/her decision to remove the project only if substantial
				  rights of the applicant have been prejudiced because the administrative
				  findings, inferences, conclusions, or decisions are without factual basis or
				  are an unfair interpretation of the Rules and Regulations.
3. Revisions of a Clerical Nature: Revisions
				  of a clerical nature require neither a public hearing nor documentation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.10 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any local governmental unit or circumstances, is held
					 invalid by a court of competent jurisdiction, the validity of the remainder of
					 the Rules and Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 2 - Rules and Regulations for the Priority Determination System for Federal and State Assistance to Local Governmental Units for Construction of Water Pollution Abatement Projects (250-RICR-150-20-2) › Section 250-RICR-150-20-2.11 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations, and any policies regarding the administration
					 and enforcement of the Priority Determination System shall be superseded.
					 However, any enforcement action taken by, or application submitted to, the
					 Department prior to the effective date of these Rules and Regulations shall be
					 governed by the Rules and Regulations in effect at the time the enforcement
					 action was taken, or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.1 - Purpose

Current through June 14, 2024
The purpose of these regulations is to implement the
					 finding in R.I. Gen. Laws §
										46-12-24.2(a)(4)
					 the Rhode Island Clean Water Act Environmental Trust Fund. The purpose of this
					 section is to provide Grants and Revolving Loans to Governmental Entities in
					 Rhode Island for Interceptors to extend to areas which should no longer be
					 served solely by septic systems. This program will be administered by the
					 Division of Water Resources of the Department of Environmental
					 Management.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.2 - Authority

Current through June 14, 2024
These regulations are adopted pursuant to R.I. Gen. Laws
					 §
										46-12-24.2 and R.I. Gen. Laws
					 Chapter 42-17.1. These regulations are being promulgated in accordance with
					 R.I. Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.3 - Severability

Current through June 14, 2024
If any of these regulations or the applications thereof to
					 any local governmental unit or circumstances is held invalid by a court of
					 competent jurisdiction, the remainder of the regulations shall not be affected
					 thereby. The invalidity of any section or sections shall not affect the
					 validity of the remainder of these regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.4 - Applicability

Current through June 14, 2024
The funds provided under these rules and regulations are
					 applicable to any local governmental unit as defined in §
										4.5(A)(12) 
					 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.6 - Goal

Current through June 14, 2024
The goal of the fund is to provide grant funds to local
					 governmental units to extend new interceptor sewers to areas that should no
					 longer be served by Individual Sewage Disposal Systems
					 (ISDS).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.7 - Available Funds

Current through June 14, 2024
Up to five million dollars ($5,000,000.00) is to be
					 allocated to the Rhode Island Department of Environmental Management to be
					 available for grants to local governmental units of Rhode Island. The State
					 share of the Interceptor Bond Fund for an intercepted sewer project will not
					 exceed fifty percent (50%) of the total eligible program costs. The maximum
					 total eligible cost of a project shall be limited to one million dollars
					 ($1,000,000.00), five hundred thousand dollars ($500,000.00), State grant and
					 five hundred thousand dollars ($500,000.00) local match. Other State grant
					 programs may not be used to provide the local match.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.9 - Payments

Current through June 14, 2024
Payments under this grant are on a reimbursement basis. The
					 local governmental unit must provide invoice-level source documents to prove
					 incurred costs. DEM will review and certify payment for fifty percent (50%) of
					 the eligible approved costs.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.10 - Non-Compliance

Current through June 14, 2024
A. Failure to comply with the all terms and
				  conditions of the grant agreement may result in any of the following sanctions:
1. Withholding of payments;
2. Suspension or termination of the grant for
				  cause;
3. Annulment of the grant;
4. Other appropriate
				  administrative proceedings;
5.
				  Institution of judicial proceedings, and/or
6. Repayment by the Community of the grant
				  funds received.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 4 - Rules and Regulations for the Grant Program for the Interceptor Bond Fund of the Rhode Island Clean Water Act Environmental Trust Fund (250-RICR-150-20-4) › Section 250-RICR-150-20-4.11 - Termination of the Fund

Current through June 14, 2024
Upon the finding of the Director that all monies have been
					 expended, the fund shall be terminated.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.1 - Purpose

Current through June 14, 2024
The purpose of these regulations is to create a
					 Narragansett Bay and Watershed Restoration Fund to receive, hold and administer
					 the $8,500,000 portion of the 2004 RI Open Space, Recreation, Bay and Watershed
					 Protection Bond allotted for "anti-pollution projects and restoration
					 activities benefiting Narragansett Bay and state watersheds", $4,000,000 from
					 the 2012 Environmental Management Bond allotted for "activities to restore and
					 protect the water quality and enhance the economic viability and environmental
					 sustainability of Narragansett Bay and the State of Rhode Island's watersheds",
					 $3,000,000 from the 2014 Clean Water, Open Space and Healthy Communities Bond
					 allotted for flood prevention projects and $3,000,000 from the 2016 Green
					 Economy Bond allotted for the prevention and reduction of stormwater
					 pollution.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.2 - Legal Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 authority provided by R.I. Gen. Laws §§
										42-17.1-1,
					 42-17.1-2(34),
					 42-17.1-2.3,
					 46-12-3(2),
					 46-12-3(4),
					 46-12-24 and
					 46-12-24.1, and adopted pursuant
					 to the procedures set forth in R.I. Gen. Laws Chapter 42-35, as
					 amended.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.3 - Liberal Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to allow the Department to effectuate the purposes
					 of state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.4 - Severability

Current through June 14, 2024
If any provision of these rules and regulations or the
					 application thereof is held to be invalid by a court of competent jurisdiction,
					 the validity of the remainder of the rules and regulations shall not be
					 affected thereby. The invalidity of any section or sections or parts of any
					 section or sections shall not affect the validity of the remainder of these
					 rules and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.5 - Administrative Findings

Current through June 14, 2024
A. The goal of the
				  Narragansett Bay and Watershed Restoration Fund is to restore and protect the
				  water quality, and enhance the economic viability, environmental sustainability
				  and resiliency of Narragansett Bay and the state's watersheds. This Fund is
				  meant to provide funding assistance for the feasibility analysis, design,
				  construction, and/or rehabilitation of: nonpoint source water pollution control
				  facilities; stormwater pollution control projects including the evaluation
				  and/or development of a dedicated sustainable funding mechanism for stormwater
				  pollution abatement; riparian buffer and aquatic habitat restoration projects;
				  and projects which prevent or mitigate flooding while providing ecosystem
				  benefits and other co-benefits as applicable. In order to achieve its goal the
				  monies from Narragansett Bay and Watershed Restoration Fund are apportioned
				  between four sub-funds.
B. All
				  monies in the Narragansett Bay and Watershed Restoration Fund shall be expended
				  in accordance with the General Laws of the State of Rhode Island and are hereby
				  restricted to providing grants for nonpoint source water pollution abatement,
				  stormwater pollution abatement including the evaluation and/or development of a
				  dedicated sustainable funding mechanism for stormwater management, riparian
				  buffer, and aquatic habitat restoration activities that will result in water
				  pollution reduction, or water quality protection of the waters of the state, or
				  flood prevention and mitigation actions and actions to improve inland and
				  coastal resiliency that are carried out in a manner that provides ecosystem
				  benefits.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.7 - Fund Established

Current through June 14, 2024
There is hereby established a fund entitled the
					 "Narragansett Bay and Watershed Restoration Fund." The Fund is created in order
					 to enable the Department to receive $8,500,000 from the RI Open Space,
					 Recreation, Bay and Watershed Protection Bond that has been designated for use
					 on "anti-pollution projects and restoration activities benefiting Narragansett
					 Bay and state watersheds.", $4,000,000 from the 2012 Environmental Management
					 Bond that has been designated for "activities to restore and protect the water
					 quality and enhance the economic viability and environmental sustainability of
					 Narragansett Bay and the State of Rhode Island's watersheds", $3,000,000 from
					 the 2014 Clean Water, Open Space and Healthy Communities Bond that has been
					 designated for certain flood prevention projects and $3,000,000 from the 2016
					 Green Economy Bond that has been designated for projects to prevent and reduce
					 stormwater pollution. The Department in accordance with these regulations will
					 administer the Fund.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.8 - Sub-Fund Establishment

Current through June 14, 2024
A. The Fund is
				  hereby allocated into four (4) sub-funds: the Governmental Entities Nonpoint
				  Source Water Pollution Control Fund, the Non-Governmental Nonpoint Source Water
				  Pollution Control Fund, the Riparian Buffer and Aquatic Habitat Restoration
				  Fund, and the Flood Prevention and Mitigation Fund. The monies allocated to
				  each sub-fund will be done at the discretion of the Director and will be
				  available to eligible applicants in the form of grants of up to fifty percent
				  (50%) of eligible costs. Applicants must be able to match at least fifty
				  percent (50%) of eligible costs. At the Director's discretion, grant for up to
				  seventy-five percent (75%) of eligible costs may be awarded.
B. Governmental Entities Nonpoint Source
				  & Stormwater Pollution Control Fund
1.
				  The monies allocated to the Governmental Entities Nonpoint Source &
				  Stormwater Pollution Control Fund shall be available for projects proposed by
				  governmental entities involving:
a.
				  Construction of projects that mitigate, control or eliminate the effects of
				  nonpoint source pollution or stormwater pollution, to the waters of the
				  state.
b. Capital expenditures for
				  additional or upgraded equipment to enhance implementation of best management
				  practices identified in Department approved local stormwater management program
				  plans.
c. The identification,
				  mitigation, control or elimination of illicit point source connections to storm
				  water collection systems.
d. The
				  evaluation and/or development of a dedicated sustainable funding mechanism for
				  stormwater pollution abatement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.9 - Notification of Available Funds

Current through June 14, 2024
A. Unless acting in
				  accordance with §§
										5.8(B)(2),
				  5.8(C)(2),
				  5.8(D)(2) 
				  or 5.8(E)(3)
				  of this Part the Director shall announce the availability of all funds under
				  the Narragansett Bay and Watershed Restoration Bond Fund in a newspaper of
				  statewide circulation. The announcement may also be posted on the appropriate
				  State of Rhode Island websites.
B.
				  At a minimum the announcement will state:
1.
				  The sub-fund(s) receiving applications,
2. The approximate amount of money available
				  under the sub-fund(s),
3. The
				  deadline for all applications,
4.
				  Any other information that the Director determines necessary and
				  pertinent.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.10 - Application Requirements

Current through June 14, 2024
A. Applications
				  shall be submitted to Department of Environmental Management, Office of Water
				  Resources, 235 Promenade Street, Providence, RI 02908 and shall be signed by
				  the applicant's chief executive or chief financial officer. All applications
				  shall include the following:
B. A
				  letter requesting consideration for funding with a concise project description
				  consisting of:
1. A statement of the purpose
				  of the project,
2. The expected
				  environmental benefit(s) of the project,
3. The specific sub-fund to which application
				  is being made and why it is eligible for funding under said sub-fund,
				  and
4. Such other information as
				  may be pertinent to the project.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.11 - Eligibility

Current through June 14, 2024
A. The following projects are ineligible to
				  receive grant monies from the Fund pursuant to these regulations:
1. Projects using experimental
				  technology.
2. Projects whose
				  primary results will be improvement in business operations and/or productivity
				  rather than pollution reduction.
3.
				  Research projects.
4. Land
				  acquisition projects.
5. Sewage
				  disposal systems serving single-family residences.
6. The replacement of equipment to enhance
				  implementation of best management practices identified in Department approved
				  local stormwater management program plans.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.12 - Application Review and Selection

Current through June 14, 2024
5.12.1
Application Review
A. The Department
				  shall review all applications to determine eligibility and completeness. In
				  order to satisfy the eligibility determination, the following criteria will be
				  considered:
1. The applicants and their
				  proposed projects must meet the requirements of §§
												5.9,
				  5.10 and
				  5.11 of this
				  Part.
2. The proposed projects must
				  provide a reliable means of meeting the intended reduction or restoration goals
				  consistent with §
												5.8 of this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.13 - Grant Awards

Current through June 14, 2024
A. Grant Award
1. Successful applicants will receive a grant
				  offer specifying the amount, duration and conditions of the award. The offer
				  will be in the form of a binding contract.
2. Recipients will be required to sign,
				  accept and return the offer to the Department within forty-five (45) days of
				  the date of mailing. Failure to execute the agreement within the forty-five
				  (45) days may result in the cancellation of the grant award. The Director may
				  award these monies to the next highest rated project.
3. Recipients will have ninety (90) days from
				  the date of the acceptance of the grant offer to provide proof of the necessary
				  grant match by letters of credit, loan agreements, dedicated escrow accounts or
				  any pre-approved proof of matching funds by the Department.
4. The recipient is responsible for obtaining
				  all necessary permits or approvals from any federal, state, or local agency
				  with authority over the project or project area. Copies of these
				  permits/approvals must be submitted to the Department for inclusion in the
				  project file before the first payment request.
5. All grant payments will be paid in the
				  form of reimbursement payments for eligible expenses incurred in accordance
				  with an approved project. Requests for reimbursement must include documentation
				  of the incurred, eligible costs. Such type of documentation required to receive
				  reimbursement will be detailed in the grant offer and/or grant
				  agreement.