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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 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.14 - Conditions Applicable to All Permits

Current through June 14, 2024
A. All conditions
				  applicable to all permits shall be incorporated into the permit either
				  expressly or by reference. A specific citation to these or other regulations
				  shall be given in the permit. The following conditions apply to all
				  permits:
B. Duty to comply
1. The permittee shall comply with all
				  conditions of this permit. No pollutant shall be discharged more frequently
				  than authorized or at a level in excess of that which is authorized by the
				  permit. The discharge of any pollutant not specifically authorized in the
				  RIPDES permit or listed and quantified in the RIPDES application shall
				  constitute a violation of the permit. Any permit noncompliance constitutes a
				  violation of the State Act or other authority of these regulations and is
				  grounds for enforcement action; for permit termination, revocation and
				  reissuance, or modification; or for denial of a permit renewal
				  application.
2. A permittee shall
				  not achieve any effluent concentration by dilution. Nor shall a permittee
				  increase the use of process water or cooling water or otherwise attempt to
				  dilute a discharge as a partial or complete substitute for adequate treatment
				  to achieve permit limitations or water quality standards.
3. The permittee shall comply with applicable
				  effluent standards or prohibitions established under
				  33 U.S.C. §
												1317(a) (Section 307(a) of
				  the Clean Water Act) for toxic pollutants within the time provided in the
				  regulations that establish these standards or prohibitions, even if the permit
				  has not yet been modified to incorporate the requirement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.15 - Establishing Permit Conditions

Current through June 14, 2024
A. In addition to
				  conditions required in all permits, the Department shall establish conditions,
				  as required on a case-by-case basis, to provide for and ensure compliance with
				  all applicable requirements of CWA and regulations.
1. An applicable requirement is a State
				  statutory or regulatory requirement which takes effect prior to final
				  administrative disposition of a permit. An applicable requirement is also any
				  requirement which takes effect prior to the modification or revocation and
				  reissuance of a permit.
2. New or
				  reissued permits, and to the extent allowed §
											1.37 of this Part modified
				  or revoked and reissued permits, shall incorporate each of the applicable
				  requirements referenced in §§
											1.16 and
				  1.17 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.17 - Conditions Applicable to Specific Types of Permits

Current through June 14, 2024
A.
				  The following conditions, in addition to those set forth in §§
										1.14,
				  1.15, and
				  1.16 of this Part, apply to
				  all RIPDES permits within the categories specified below:
B. Existing manufacturing, commercial,
				  mining, and silvicultural dischargers and research facilities. All existing
				  manufacturing, commercial, mining, and silvicultural dischargers and research
				  facilities must notify the Department as soon as they know or have reason to
				  believe:
1. That any activity has occurred or
				  will occur which would result in the discharge of any toxic pollutant which is
				  not limited in the permit, if that discharge will exceed the highest of the
				  following "notification level".
a. One
				  hundred micrograms per liter (100 ug/l);
b. Two hundred micrograms per liter (200
				  ug/l) for acrolein and acrylonitrile; five hundred micrograms per liter (500
				  ug/l) for 2, 4 - dinitrophenol and for 2 - methyl-4, 6-dinitrophenol, and one
				  milligram per liter (1 mg/l) for antimony:
c. Five (5) times the maximum concentration
				  value reported for the pollutant in the permit application;
d. The level established by the Department in
				  accordance with §
												1.18 of this
				  Part.
e. That they have begun or
				  expect to begin to use or manufacture as an intermediate or final product or
				  byproduct any toxic pollutant which was not reported in the permit
				  application.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.18 - Calculating RIPDES Permit Conditions

Current through June 14, 2024
A. Outfalls and
				  discharge points. All permit effluent limitations, standards, and prohibitions
				  shall be established for each outfall or discharge point of the permitted
				  facility, except as otherwise provided under §
										1.16(G) of
				  this Part (BMPs where limitations are infeasible) and §
										1.18(K) of
				  this Part (limitations on internal waste streams).
B. Production-Based Limitations
1. In the case of POTWs, permit effluent
				  limitations, standards or prohibitions shall be calculated based on design
				  flow.
2. Except in the case of
				  POTWs, calculation of any permit limitations, standards, or prohibitions which
				  are based on production (or other measure of operation) shall be based not upon
				  the designed production capacity but rather upon a reasonable measure of actual
				  production of the facility, such as the production during the high month of
				  previous year, or the monthly average for the highest of the previous five
				  years. For new sources or new discharges, actual production shall be estimated
				  using projected production. The time period for calculating permit limitations,
				  for example, monthly production, shall be used to calculate average monthly
				  discharge limitations.
3. The
				  Department may include a condition establishing alternate permit limitations,
				  standards, or prohibitions based upon anticipated increased (not to exceed
				  maximum production capability) or decreased production levels.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.19 - Calculating Adjusted RIPDES Permit Conditions for Certain Practices

Current through June 14, 2024
A. When part of a discharger's process
				  wastewater is not being discharged into surface waters of the State or
				  contiguous zone because it is disposed into a well, into a POTW, or by land
				  application thereby reducing the flow or level of pollutants being discharged
				  into surface waters of the State, applicable effluent standards and limitations
				  for the discharge in a RIPDES permit shall be adjusted to reflect the reduced
				  raw waste resulting from such disposal. Effluent limitations and standards in
				  the permit shall be calculated by one of the following methods:
1. If none of the waste from a particular
				  process is discharged into surface waters of the State, and effluent
				  limitations guidelines provide separate allocation for wastes from that
				  process, all allocations for the process shall be eliminated from calculation
				  of permit effluent limitations or standards.
2. In all cases other than those described in
				  §
											1.19(A)(1)
				  of this Part, effluent limitations shall be adjusted by multiplying the
				  effluent limitation guidelines to the total waste stream by the amount of
				  wastewater flow to be treated and discharged into surface waters of the State
				  and dividing the result by total wastewater flow. Effluent limitations and
				  standards so calculated may be further adjusted under
				  40 C.F.R. §
												125 Subpart D, incorporated above at §
											1.3(B) of
				  this Part, or applicable State regulations to make them more stringent if
				  dischargers to wells, POTWs or by land application change the character or
				  treatability of the pollutants being discharged to receiving waters.
a. This method may be algebraically expressed
				  as:
Click here to view
								image
Where P is the permit effluent limitation, E is the
								limitation derived by applying effluent guidelines to the total waste stream, N
								is the wastewater flow to be treated and discharged to surface waters of the
								State, and T is the total wastewater flow.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.20 - Duration of Permit

Current through June 14, 2024
A permit shall be effective for a fixed term not to exceed
					 the duration specified in 40
					 C.F.R. §
											122.46, incorporated above at
					 §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.21 - Schedule of Compliance

Current through June 14, 2024
A. General. The
				  permit may, when appropriate, specify a schedule of compliance leading to
				  compliance with the State and Federal Acts and all other applicable authority
				  for these regulations.
B. Time for
				  compliance. Any schedules of compliance under this section shall require
				  compliance as soon as possible.
1. For
				  discharges to surface water or groundwater, schedules of compliance shall
				  require compliance not later than the applicable statutory deadline under State
				  and Federal law, and shall be subject to State and Federal
				  regulations.
2. The first RIPDES
				  permit issued to a new source, a new discharger, which commenced discharge
				  after August 13, 1979, or a recommencing discharge, or a recommencing
				  discharger, may not contain a schedule of compliance under this section. Within
				  the shortest feasible time of issuance of the new sources new dischargers
				  recommencing discharge permit (not to exceed 90 days) the owner or operator
				  must meet permit conditions.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.22 - Effect of a Permit

Current through June 14, 2024
The effect of the permit shall be consistent with the
					 requirements of 40 C.F.R.
					 §
											122.5, incorporated above at §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.23 - Transfer of Permits

Current through June 14, 2024
A. Transfer by
				  modification. Except as provided in §
										1.23(B) of
				  this Part, a permit may be transferred by the permittee to a new owner or
				  operator only if the permit has been modified or revoked and reissued or a
				  minor modification made to identify the new permittee and incorporate such
				  other requirements as may be necessary under the State and Federal
				  Acts.
B. Automatic transfers. As an
				  alternative to transfers under §
										1.23(A) of
				  this Part, any RIPDES permit may be automatically transferred to a new
				  permittee if:
1. The current permittee
				  notifies the Department in writing by certified mail of the proposed transfer
				  as follows:
a. Where production levels,
				  products produced, rates of discharge, and wastewater characteristics will
				  remain unchanged, the following information shall be submitted at least 90 days
				  prior to a proposed "transfer date":
(1) Name
				  and address of current facility;
(2) Name and address of new owner;
(3) RIPDES permit number;
(4) Names of the new principal persons
				  responsible;
(5) Names of persons
				  upon whom legal process can be served; and
(6) A notarized statement signed by the new
				  principal officer stating that he has read the RIPDES permit and agrees to
				  abide by all the conditions of the permit and that the production levels,
				  products produced, rates of discharge, and wastewater characteristics will
				  remain unchanged.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.25 - Termination of Permits

Current through June 14, 2024
A. The following
				  are causes for terminating a permit during its term, or for denying a permit
				  renewal application:
1. Noncompliance by the
				  permittee with any condition of the permit;
2. Failure to pay applicable fees;
3. The permittee's failure in the application
				  or during the issuance of a NPDES or RIPDES permit, a treatment works approval
				  or Construct and Operate order to disclose fully all relevant facts, or the
				  permittee's misrepresentation of any relevant facts at any time;
4. A determination that the permitted
				  activity endangers human health or the environment and can only be regulated to
				  acceptable levels by permit modification or termination; or
5. A change in any condition that requires
				  either a temporary or a permanent reduction or elimination of any discharge
				  controlled by the permit;
6. The
				  nonconformance of the discharge with any applicable facility, basin or areawide
				  plans; or
7. Inconsistency with any
				  duly promulgated effluent limitation, permit, regulation, statute, or other
				  applicable State or Federal Law.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.26 - Minor Modifications of Permits

Current through June 14, 2024
The Department may make Minor Modifications to permits in
					 accordance with the conditions in
					 40 C.F.R. §
											122.63, incorporated above at §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.27 - Noncompliance and Program Reporting by the Department

Current through June 14, 2024
The Department shall prepare quarterly and annual reports
					 consistent with the reporting requirements from
					 40 C.F.R. §
											122.45, incorporated above at §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.28 - Concentrated Animal Feeding Operations

Current through June 14, 2024
A. Permit
				  requirement. "Concentrated animal feeding operations" (as defined in §
										1.4 of this Part are point
				  sources subject to the RIPDES permit program.
B. Case-by-case designation of concentrated
				  animal feeding operations.
1. The Department
				  may designate any animal feeding operation as a concentrated animal feeding
				  operation upon determining that it is a significant contributor of pollution to
				  the waters of the State. In making this designation the Department shall
				  consider the following factors:
a. The size
				  of the animal feeding operation and the amount of wastes reaching the waters of
				  the State;
b. The location of the
				  animal feeding operation relative to waters of the State;
c. The means of conveyance of animal wastes
				  and process wastewaters into waters of the State;
d. The slope, vegetation, rainfall, and other
				  factors affecting the likelihood or frequency of discharge of animal waste and
				  process wastewaters into waters of the State; and
e. Other relevant factors.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.29 - Concentrated Aquatic Animal Production Facilities

Current through June 14, 2024
"Concentrated aquatic animal production facilities" (as
					 defined in §
										1.4 of this Part) are point
					 sources subject to the requirements of
					 40 C.F.R. §
											122.24, incorporated above at §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.30 - Aquaculture Projects

Current through June 14, 2024
Permit requirements. Discharges into "aquaculture projects"
					 (as defined in §
										1.4 of this Part) are
					 subject to the RIPDES permit program in accordance with
					 40 C.F.R. §
											125, Subpart B, incorporated above at §
										1.3(B) of
					 this Part, and R.I. Gen. Laws Chapter 46-12.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.31 - Silvicultural Activities

Current through June 14, 2024
Permit requirements. "Silvicultural point sources" (as
					 defined in §
										1.4 of this Part) are point
					 sources subject to RIPDES permit program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.32 - Storm Water Discharges

Current through June 14, 2024
A. Permit
				  Requirement
1. The following discharges
				  composed entirely of storm water shall be required to obtain a RIPDES permit:
a. A discharge with respect to which a permit
				  has been issued prior to February 4, 1987;
b. A discharge associated with industrial
				  activity;
c. A discharge from a
				  large municipal separate storm sewer system;
d. A discharge from a medium municipal
				  separate storm sewer system;
e. A
				  discharge from a small municipal separate storm sewer system;
f. A discharge associated with small
				  construction activity;
g. A
				  discharge which the Department, or in States with approved NPDES programs,
				  either the Department or the EPA Regional Administrator, determines to
				  contribute to a violation of a water quality standard or is a significant
				  contributor of pollutants to waters of the United States. This designation may
				  include a discharge from any conveyance or system of conveyances used for
				  collecting and conveying storm water runoff or a system of discharges from
				  municipal separate storm sewers, except for those discharges from conveyances
				  which do not require a permit under §
												1.32(A)(2)
				   of this Part or agricultural storm water
				  runoff which is exempted from the definition of point source at §
												1.4(A)(78) 
				  of this Part. The Department may designate discharges from municipal separate
				  storm sewers on a system-wide basis. In making this determination the
				  Department may consider the following factors:
(1) The location of the discharge with
				  respect to waters of the State as defined in §
													1.4 of this Part.
(2) The size of the discharge;
(3) The quantity and nature of the pollutants
				  discharged to waters of the State; and
(4) Other relevant factors.
h. A discharge for which the
				  Department or the EPA Regional Administrator determines that storm water
				  controls are necessary to ensure implementation of wasteload allocations that
				  are part of "total maximum daily loads" (TMDLs) that address the pollutant(s)
				  that has been identified as the cause of impairment of the water
				  body.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.33 - General Permits

Current through June 14, 2024
A. Coverage. The
				  Department may issue a general permit in accordance with the following:
1. Area. The general permit shall be written
				  to cover a category of discharges described in the permit under §
											1.33(A)(2)
				  of this Part, except those covered by individual permits, within a geographic
				  area. The area shall correspond to existing geographic or political boundaries,
				  such as:
a. Designated planning areas under
				  33 U.S.C. §§
													1288 (Sections 208, 303 and 1313 of the Clean
				  Water Act);
b. Sewer districts or
				  sewer authorities;
c. City, county,
				  or state political boundaries;
d.
				  State highway systems;
e. Standard
				  metropolitan statistical areas as defined by the Office of Management and
				  Budget;
f. Urbanized areas as
				  designated by the Bureau of Census according to criteria in 39 FR 15202 (May 1,
				  1974);
g. Densely populated area as
				  defined under as defined in §
												1.4 of this Part
				  or
h. Any other appropriate
				  division or combination of boundaries.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.34 - Criteria and Standards for the Rhode Island Pollutant Discharge Elimination System

Current through June 14, 2024
A. The criteria and
				  standards for the imposition of technology-based treatment requirements in
				  RIPDES permit shall be as set forth in
				  40 C.F.R. §
											125 Subpart A, incorporated above at §
										1.3(B) of
				  this Part.
B. The criteria for
				  issuance of permit to aquaculture projects shall be as set forth in
				  40 C.F.R. §
											125 Subpart B, incorporated above at §
										1.3(B) of
				  this Part.
C. The criteria for
				  extending compliance dates for facilities installing innovative technology
				  shall be as set forth in 40
				  C.F.R. §
											125 Subpart C, incorporated
				  above at §
										1.3(B) of
				  this Part.
D. The criteria and
				  standards for determining fundamentally different factors shall be as set forth
				  in 40 C.F.R. §
											125 Subpart D, incorporated above at §
										1.3(B) of
				  this Part.
E. The criteria for
				  determining alternative effluent limitations for the thermal component of
				  discharge shall be as set forth in
				  40 C.F.R. §
											125 Subpart H, incorporated above at §
										1.3(B) of
				  this Part.
F. The criteria
				  applicable to cooling water intake structures shall be as set forth in
				  40 C.F.R. §
											125 Subpart I, incorporated above at §
										1.3(B) of
				  this Part.
G. Criteria for
				  Extending Compliance Dates. Extensions of the 1977 deadline in
				  33 U.S.C §
											1311(i)(1) and (2) (Section
				  301(i)(1) and (2) of the Clean Water Act) for compliance with certain treatment
				  requirements may be granted as described in
				  40 C.F.R. §
											125 Subpart J, incorporated above at §
										1.3(B) of
				  this Part.
H. The criteria and
				  standards for best management practices for ancillary industrial activities
				  shall be as set forth in 40
				  C.F.R. §
											125 Subpart K, incorporated
				  above at §
										1.3(B) of
				  this Part.
I. The criteria and
				  standards for imposing conditions for the disposal of sewage sludge shall be as
				  set forth in 40 C.F.R.
				  §
											125 Subpart L, incorporated above at
				  §
										1.3(B) of
				  this Part.
J. The criteria and
				  standards for attaining effluent quality through the application of secondary
				  treatment shall be as set forth in
				  40 C.F.R. §
											133, incorporated above at §
										1.3(B) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.35 - Procedures for Issuing a RIPDES Permit

Current through June 14, 2024
A. The permit
				  issuance process involves the following seven major procedural stages:
1. An application is made in proper
				  form.
2. The Department prepares a
				  tentative decision to issue or deny a draft RIPDES permit. This decision shall
				  be made available for public comment.
3. Where the Department issues a draft RIPDES
				  permit after consideration of any comments received during the public comment
				  period the Department shall issue a final permit.
4. The permittee may request an adjudicatory
				  hearing to contest the final determination of the Department to grant, deny,
				  modify, suspend or revoke a permit. The Department shall determine whether a
				  hearing shall be granted.
5. DEM
				  shall hold a hearing in accordance with these regulations and the Department's
				  "Administrative Rules of Practice and Procedure for the Department of
				  Environmental Management" Part 20-00-1 of this Title.
6. The Department shall make all final
				  decisions concerning the permit.
7.
				  A request for permit modification, revocation, reissuance, or termination shall
				  be made in accordance with the procedures applicable to permit issuance, except
				  for minor modifications which shall be made in accordance §
											1.26 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.36 - Application Review by the Department

Current through June 14, 2024
A. Permit
				  Application
1. Any person who requires a
				  RIPDES permit shall complete, sign and submit to the Department an application
				  in accordance with these regulations. Applications are not required for general
				  permits.
2. The Department shall
				  not begin the processing of a permit until the applicant has fully complied
				  with the application requirements for that permit.
3. Permit applications must comply with
				  signature and certification requirements of §
											1.12 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.37 - Modification, Revocation and Reissuance, or Termination Procedures

Current through June 14, 2024
A. Permits may be modified, revoked and
				  reissued, or terminated either at the request of any interested person
				  (including the permittee) or upon the Department's initiative. However, permits
				  may usually only be modified, revoked and reissued, or terminated for the
				  reasons specified in §§
										1.24 or
				  1.26 of this Part. Other
				  basis for modification may only be found when consistent with the State Act so
				  long as not for causes less stringent than required by the Clean Water Act and
				  implementing regulations. All requests shall be in writing and shall contain
				  facts or reasons supporting the request.
B. If the Department decides the request is
				  not justified, the Department shall send the requester a brief written response
				  giving a reason for the decision. Denials of requests for modification,
				  revocation and reissuance, or termination are not subject to public notice,
				  comment or hearings.
1. If the Department
				  tentatively decides to modify or revoke and reissue a permit under §
											1.24 of this Part, a draft
				  permit shall be prepared under §
											1.38 of this Part
				  incorporating the proposed changes. The Department may request additional
				  information and, in the case of a modified permit, may require the submission
				  of an updated permit application. In the case of revoked and reissued permits,
				  the Department shall require the submission of a new application.
2. In a permit modification under this
				  section, only those conditions to be modified shall be reopened when a new
				  draft permit is prepared. All other aspects of the existing permit shall remain
				  in effect for the duration of the unmodified permit. When a permit is revoked
				  and reissued under this section, the entire permit is reopened as if the permit
				  had expired and was being reissued. During any revocation and reissuance
				  proceeding the permittee shall comply with all conditions of the existing
				  permit until a new final permit is reissued.
3. "Minor modifications" as defined §
											1.26 of this Part are not
				  subject to the requirements of this section.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.38 - Draft Permits

Current through June 14, 2024
A. All draft
				  permits shall be issued in accordance with this section.
B. Once an application is complete the
				  Department shall tentatively decide whether to prepare a draft permit, or deny
				  the application.
C. If the
				  Department tentatively decides to deny a permit application, a notice of intent
				  to deny shall be issued. Notice of intent to deny the permit application is a
				  type of draft permit which follows the same procedures as any draft permit
				  prepared under this section. If the Department's final decision is that the
				  tentative decision to deny the permit application was incorrect, the notice of
				  intent to deny shall be withdrawn and the Department shall proceed to prepare a
				  draft permit under §
										1.38(E) of
				  this Part.
D. If the Department
				  tentatively decides to issue a general permit, the Department shall prepare a
				  draft general permit under §
										1.38(E) of
				  this Part.
E. If the Department
				  decides to prepare a draft permit, the permit shall contain the following
				  information:
1. All conditions under
				  40 C.F.R. §
												122.41 -
				  122.43, incorporated above at
				  §
											1.3(B) of
				  this Part.
2. All conditions under
				  §§
											1.14,
				  1.15,
				  1.16, and
				  1.17 of this
				  Part.
3. All monitoring
				  requirements under §§
											1.15,
				  1.16, and
				  1.17 of this
				  Part.
4. All variances under
				  §§
											1.57 through
				  1.60 of this
				  Part.
5. All effluent limitations,
				  standards, prohibitions and conditions under
				  40 C.F.R. §
												122.44, incorporated above at §
											1.3(B) of
				  this Part and the Rhode Island Pretreatment Regulations, Part 2 of this
				  Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.39 - Statement of Basis

Current through June 14, 2024
The Department shall prepare a statement of basis for every
					 draft permit for which a fact sheet under §
										1.40 of this Part is not
					 prepared. The statement of basis shall briefly describe the derivation of the
					 conditions of the draft permit and the reasons for them or, in the case of
					 notices of intent to deny or terminate, reasons supporting the tentative
					 decision. The statement of basis shall be sent to the applicant and, on
					 request, to any other person.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.41 - Administrative Record for the Draft Permits

Current through June 14, 2024
A. The provisions
				  of a draft permit shall be based on the administrative record defined in this
				  section.
B. For preparing a draft
				  permit under §
										1.38 of this Part, the
				  record shall consist of:
1. The application,
				  if required, and any supporting data furnished by the applicant;
2. The draft permit or notice of intent to
				  deny the application or to terminate the permit;
3. The statement of basis or fact
				  sheet;
4. All documents cited in
				  the statement of basis or fact sheet; and
5. Other documents contained in the
				  supporting file for the draft permit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.42 - Public Notice of Permit Actions and Public Comment Period

Current through June 14, 2024
A. Scope
1.
				  The Department shall give public notice that the following actions have
				  occurred:
a. A permit application has been
				  tentatively denied;
b. A draft
				  permit (including a notice of intent to terminate a permit where the permittee
				  objects and a tentative decision to modify or revoke and reissue a permit) has
				  been prepared;
c. A hearing has
				  been scheduled under §
												1.44 of this Part;
				  and
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.43 - Public Comment and Request for Public Hearings

Current through June 14, 2024
During the public comment period provided under §
										1.42 of this Part, any
					 interested person may submit written comments on the draft permit and may
					 request a public hearing, if no hearing has already been scheduled. A request
					 for a public hearing shall be in writing and shall state the nature of the
					 issues proposed to be raised in the hearing. All comments shall be considered
					 in making the final decision and shall be answered as provided in §
										1.48 of this
					 Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.44 - Public Hearings

Current through June 14, 2024
A. Whenever the
				  Department finds on the basis of requests, a significant degree of public
				  interest in a draft permit, the Department shall hold a public hearing. The
				  Department also may hold a public hearing at its discretion, whenever, for
				  instance, such a hearing might clarify one or more issues involved in the
				  permit. Public notice of the hearing shall be given as specified in §
										1.42 of this
				  Part.
B. Whenever a public hearing
				  will be held, the Department shall designate a hearing officer for the hearing
				  who shall be responsible for its scheduling and orderly conduct.
C. Any person may submit oral or written
				  statements and data concerning the draft permit. Reasonable limits may be set
				  upon the time allowed for oral statements, and the submission of statements in
				  writing may be required. The public comment period under §
										1.42 of this Part shall
				  automatically be extended to the close of any public hearing under this
				  section. The hearing officer may also extend the comment period by so stating
				  at the hearing.
D. A tape recording
				  or written transcript of the hearing shall be made available to the
				  public.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.45 - Obligation to Raise Issues and Provide Information During the Public Comment Period

Current through June 14, 2024
All persons, including applicants, who believe any
					 condition of a draft permit is inappropriate or that the Department's tentative
					 decision to deny an application, terminate a permit, or prepare a draft permit
					 is inappropriate, must raise all reasonably available arguments and factual
					 grounds supporting their position, including all supporting material, by the
					 close of the public comment period (including any public hearing) under §
										1.42 of this Part. All
					 supporting materials shall be included in full and may not be incorporated by
					 reference, unless they are already part of the administrative record in the
					 same proceeding, or consist of State or Federal statutes and regulations, EPA
					 documents of general applicability, or other generally available reference
					 materials. Commenters shall make supporting material not already included in
					 the administrative record available at the request of the Department. (A
					 comment period longer than 30 days will often be necessary in complicated
					 proceedings to give commenters a reasonable opportunity to comply with the
					 requirements of this section. Commenters may request longer comment periods and
					 these should be freely established under §
										1.42 of this Part to the
					 extent they appear necessary.)
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.46 - Reopening of the Public Comment Period

Current through June 14, 2024
A. If any data,
				  information or arguments submitted during the public comment period, including
				  information or arguments required under §
										1.45 of this Part, appear
				  to raise substantial new questions concerning a permit, the Department may take
				  one or more of the following actions:
1.
				  Prepare a new draft permit appropriately modified under §
											1.38 of this
				  Part;
2. Prepare a revised
				  statement of basis under §
											1.39 of this Part, a fact
				  sheet or revised fact sheet under §
											1.40 of this Part and
				  reopen the comment period; or
3.
				  Reopen or extend the comment period under §
											1.42 of this Part to give
				  interested persons an opportunity to comment on the information or arguments
				  submitted.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.47 - Issuance and Effective Date of Permit

Current through June 14, 2024
A. After the close
				  of the public comment period under §
										1.42 of this Part on a
				  draft permit, the Department shall issue a final permit. The Department shall
				  notify the applicant and each person who has submitted written comments or
				  requested notice of the final permit decision. This notice shall include
				  reference to the procedures for contesting a decision on a permit. For the
				  purposes of this section, a final permit decision means a final decision to
				  issue, deny, modify, revoke and reissue, or terminate a permit.
B. A final permit decision shall become
				  effective 30 days after the service of notice of the decision under §
										1.47(A) of
				  this Part unless:
1. A later effective date is
				  specified in the decision; or
2. An
				  adjudicatory hearing is requested under §
											1.50 of this Part;
				  or
3. No comments requested a
				  change in the draft permit, in which case the final permit shall become
				  effective immediately upon issuance.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.48 - Response to Comments

Current through June 14, 2024
A. At the time that
				  any final permit is issued, pursuant to §
										1.47 of this Part, the
				  Department shall issue a response to comments. This response shall:
1. Specify which provisions, if any, of the
				  draft permit have been changed in the final permit decision, and the reasons
				  for the change; and
2. Briefly
				  describe and respond to all significant comments on the draft permit or raised
				  during the public comment period, or during any hearing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.49 - Administrative Record for Final Permit

Current through June 14, 2024
A. The Department
				  shall base final draft permit and final permit decisions under §
										1.47 of this Part on the
				  administrative record defined in this section.
B. The administrative record for any final
				  draft permit and final permit shall consist of the administrative record for
				  the draft and:
1. All comments received
				  during the public comment period provided under §
											1.42 of this Part
				  (including any extension or reopening under §
											1.46 of this
				  Part);
2. The tape or transcript of
				  any hearing(s) held under §
											1.44 of this
				  Part;
3. Any written materials
				  submitted at such hearing;
4. The
				  response to comments required under §
											1.48 of this Part and any
				  new material placed in the record under that section;
5. Other documents contained in the
				  supporting file for the permit; and
6. The final permit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.50 - Request for an Adjudicatory Hearing

Current through June 14, 2024
A. Within 30
				  calendar days following the service of notice of the Department's issuance of a
				  final draft permit or final permit (where a final draft permit does not precede
				  the final permit) under §
										1.47 of this Part, any
				  interested person may submit a request to the Department under §
										1.50(B) of
				  this Part for an adjudicatory hearing to reconsider or contest the conditions
				  of that permit. If such a request is submitted by a person other than the
				  permittee, that person shall simultaneously serve a copy of the request on the
				  permittee.
B. Such requests shall
				  state each legal or factual question alleged to be at issue, and their
				  relevance to the permit decision, together with a designation of the specific
				  factual areas to be adjudicated and the hearing time estimated to be necessary
				  for that adjudication. Information supporting the request or other written
				  documents relied upon to support the request shall be submitted unless it is
				  already in the administrative record.
C. Such request shall also contain:
1. The name, mailing address or telephone
				  number of the person making such requests;
2. A clear and concise factual statement of
				  the nature and scope of the interest of the requester;
3. The names and addresses of the persons who
				  the requester represents; and
4. A
				  statement by the requester that, upon motion of any party, or upon order of the
				  Administrative Hearing Officer or Officer's own motion and without cost or
				  expense to any other party, the requester shall make available to appear and
				  testify, the following:
a. The
				  requester;
b. All persons
				  represented by the requester; and
c. All officers, Departments, employees,
				  consultants and agents of the requester and the persons represented by the
				  requester.
5. Specific
				  references to the contested permit conditions, as well as suggested revised or
				  alternative permit conditions (including permit denial) which, in the judgment
				  of the requester, would be required to implement the purposes and policies of
				  the State and Federal Acts.
6. In
				  the case of challenges to the application of control or treatment technologies
				  identified in the statement of basis or fact sheet, identification of the basis
				  for the objection, and the alternative technologies or combination of
				  technologies which the requester believes are necessary to meet the
				  requirements of the State and Federal Acts.
7. Identification of the permit obligations
				  that are contested or are inseparable from contested conditions and should be
				  stayed if the request is granted by reference to the particular contested
				  conditions warranting the stay.