Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.15 - Approvals

Current through June 14, 2024
A. No person shall: discharge any pollutant
				  into, or conduct any activity which will likely cause or contribute pollution
				  to, the waters of the State; or construct, install, or modify any treatment
				  works including the extension of sewers to an existing sewer system, without
				  having obtained all required approvals from the Director. The types of approval
				  for the purposes of these regulations may include the following:
1. Rhode Island Pollutant Discharge
				  Elimination System (RIPDES) permit by DEM, Water Resources in accordance with
				  the RIPDES Regulations.
2. Order of
				  Approval from DEM, Water Resources for any treatment works in accordance with
				  §§
											1.16 though 1.19 of this
				  Part.
3. Water Quality Certificate
				  (WQC) - the activity(ies) listed below require approval in the form of a
				  certification by DEM, Water Resources that the proposed activity(ies) does not
				  violate these regulations. A WQC shall have the full force and effect of a
				  permit issued by the Director. The permit required under the Rhode Island
				  Pollutant Discharge Elimination System Regulations may act as the Water Quality
				  Certification for the discharge.
a. In
				  accordance with Section 401 of the Clean Water Act,
				  33 U.S.C. §
													1341, applicants for any project which may
				  result in a discharge to waters of the State and which requires a federal
				  permit must directly apply for and receive a Water Quality Certification from
				  DEM, Water Resources, except as described in §
												1.15(A)(3)(b)(1)(AA)
				  of this Part.
b. Those projects
				  involving one or more of the activities listed below which are within the
				  jurisdiction of the Rhode Island Coastal Resources Management Council in
				  accordance with R.I. Gen. Laws Chapter 46-23, and which do not require an
				  approval in accordance with the R.I. Gen. Law §2-1-18
et.
				  seq.
or any rules and regulations promulgated thereto, must directly
				  apply for and receive Water Quality Certification from DEM, Water Resources
				  except as described in §§
												1.15(A)(3)(b)(1)(AA)
				  and 1.15(A)(3)(b)(4)(AA)
				  of this Part.
(1) Dredging and Dredged
				  Material Disposal
(AA) With regard to marine
				  dredging, discharge of dredge material and placement of dredge material in
				  tidal waters, the application process and decision for the water quality review
				  will be conducted in accordance with Part 2 of this Subchapter.
(2) Filling of Waters of the
				  State
(3) Marinas and Mooring
				  Fields - construction of new facilities or expansion of existing
				  facilities
(4) Flow Alterations
(AA) Flow Alterations for agricultural
				  irrigation will be managed through coordination with DEM/Agriculture.
(5) Harbor Management Plans for
				  those elements which will likely affect water quality
c. The permit required under the RIDEM Rules
				  and Regulations Governing the Administration and Enforcement of the Fresh Water
				  Wetlands Act (Fresh Water Wetlands Regulations) may act as the Water Quality
				  Certification for the discharge, including stormwater discharge.
d. Where a project or activity listed in
				  §
												1.15(A)(3)
				  of this Part also requires a permit by any one of the following DEM permit
				  programs, the WQC decision may be incorporated into the decision issued under
				  said program:
(1) Wetlands permit or
				  determination in accordance with the Rules and Regulation Governing the
				  Administration and Enforcement of the Freshwater Wetlands Act
(2) ISDS permit or determination in
				  accordance with regulations Establishing Minimum Standards Relating to the
				  Location, Design, Construction and Maintenance of Onsite Wastewater Treatment
				  Systems
(3) RIPDES permit in
				  accordance with the Regulations for the Rhode Island Pollutant Discharge
				  Elimination System
(4) Marine
				  dredging and dredged material disposal permit in accordance with the Part 2 of
				  this Subchapter.
(5) UIC permit in
				  accordance with the Part 4 of this Subchapter.
e. Where the Director determines that a WQC
				  decision will be incorporated with one of the above permit decisions, the
				  corresponding public notice requirements and appeal procedures contained in the
				  regulations of the associated permit program will apply in lieu of those
				  contained in §§
												1.17 and
				  1.23 of this Part herein,
				  respectively. However, when the activity is subject to §
												1.15(A)(3)(a)
				  of this Part, and the listed permit decision does not require public
				  notification, the requirements of §
												1.17 of this Part will be
				  applied. All other provisions contained in these regulations shall
				  apply.