reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.18 - Method 2 Leachability Criteria

Current through June 14, 2024
Method 2 Leachability Criteria for Organic Hazardous
					 Substances: The Method 1 Leachability Criteria were derived utilizing the
					 SESOIL and AT123D models (available from General Science Services Corporation)
					 to simulate the transport of organic Hazardous Substances and estimate levels
					 of soil contamination which are protective of the appropriate groundwater
					 objectives. The following tables provide the inputs to the models which were
					 used to estimate the Method 1 Leachability Criteria for organic
					 substances.
1.18.1
SESOIL
				  Climate Input Parameters General
Station Name - Providence WSO AP (Green
								  State Airport)
TERM
UNITS
VALUE
Latitude
Degrees
41.733
Longitude
Degrees
71.433
Number of Years of Climate Data
Years
1
Number of Years of Simulation
Years
5
1.18.2
SESOIL Climate Input Parameters
				  by Month
A. Initial evapotranspiration
				  set to zero; SESOIL approximates evapotranspiration using the water budget
				  method (mass balance).
TERM
UNITS
OCT
NOV
DEC
JAN
FEB
MAR
Air Temperature
°C
12.33 0
6.720
0.280
-1.560
-1.110
2.720
Cloud Cover Fraction
fraction
0.500
0.600
0.600
0.600
0.600
0.600
Relative Humidity
fraction
0.750
0.700
0.750
0.700
0.700
0.700
Short Wave Albedo
-
0.180
0.190
0.270
0.290
0.330
0.290
Evapotranspiration*
cm/day
0.000
0.000
0.000
0.000
0.000
0.000
Rainfall Depth (Precipitation)
cm
9.010
10.98 0
11.17 0
10.17 0
9.500
10.67 0
Mean Storm Duration
days
0.560
0.530
0.560
0.560
0.600
0.570
Number of Storms per Month
-
4.390
5.720
6.000
5.660
5.260
5.890
Length of Rainy Season Within Month
days
30.40 0
30.40 0
30.40 0
30.40 0
30.40 0
30.40 0
SESOIL CLIMATE INPUT PARAMETERS BY MONTH
								  (CONTINUED)
TERM
UNITS
APR
MAY
JUN
JUL
AUG
SEP
Air Temperature
°C
8.170
13.28
18.44
21.61
20.94
17.33
0
0
0
0
0
Cloud Cover Fraction
fraction
0.600
0.600
0.600
0.500
0.500
0.500
Relative Humidity
fraction
0.700
0.700
0.750
0.800
0.800
0.800
Short Wave Albedo
-
0.190
0.180
0.180
0.180
0.180
0.180
Evapotranspiration*
cm/day
0.000
0.000
0.000
0.000
0.000
0.000
Rainfall Depth (Precipitation)
cm
10.59 0
9.060
7.370
7.490
9.900
8.620
Mean Storm Duration
days
0.540
0.470
0.370
0.310
0.390
0.420
Number of Storms per Month
-
5.600
5.830
5.190
4.750
5.220
4.500
Length of Rainy Season Within Month
days
30.40 0
30.40 0
30.40 0
30.40 0
30.40 0
30.40 0
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.19 - Method 2 GB Groundwater Objectives

Current through June 14, 2024
A. Method 2 GB
				  Groundwater Objective Algorithm and Input Parameters 1. GB Groundwater
				  Objective Algorithm
Click
					 here to view
TERM
DESCRIPTION
UNITS
VALUE
Cw
Water Concentration
mg/L
Calculated
Ca
Air Concentration
mg/L
Chemical Specific PEL*
T
Temperature of groundwater
°K
293
WS
Solubility
mg/L-water
Chemical Specific
VP
Vapor Pressure
mm Hg
Chemical Specific
MW
Molecular Weight
g/mole
Chemical Specific
B.
				  Permissible Exposure Limit (PEL)
The time-weighted average concentration in air that shall
					 not be exceeded during any 8-hour shift of a 40-hour work
					 week.
C. The PELs were
				  developed by the Occupational Safety and Health Administration (OSHA) to
				  protect workers from "a wide variety of health effects that could cause
				  material impairment of health or functional capacity. This includes protection
				  against catastrophic effects such as cancer, cardiovascular, liver, and kidney
				  damage; lung diseases, as well as more subtle effects resulting in central
				  nervous system damage, narcosis, respiratory effects, and sensory
				  irritation".
D. The Upper
				  Concentration Limits for GB areas were calculated using the above algorithm and
				  an air concentration Ca set equal to 10% of the Lower Explosive Limit (10% LEL)
				  which is defined as ten percent (10%) of the concentration of a compound in air
				  below which a flame will not propagate if the mixture is ignited.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 1 - Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases › Section 250-RICR-140-30-1.20 - Site Investigation Report (SIR) Checklist

Current through June 14, 2024
A. The
				  following information shall be completed and submitted with the SIR
1. Contact Name
2. Contact Address
3. Contact Telephone
4. Site Name
5. Site Address
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.1 - Purpose

Current through June 14, 2024
A. The purpose of these regulations is to
				  create a Brownfields Remediation and Economic Development Fund to receive, hold
				  and administer the use of the $5,000,000 portion of the 2014 Rl Clean Water,
				  Open Space, and Healthy Communities Bond and any future bond allocations
				  earmarked for similar purposes. The funds will provide grants to public,
				  private, and non-profit entities for brownfield remediation projects with
				  specific priority given to projects involving job creation and economic
				  development.
B. Although an exact
				  number is not known, it is estimated that over 10,000 brownfield sites are
				  located in towns and cities across Rhode Island. Many acres of brownfields
				  occupy prime commercial/industrial locations within the state's urban corridor.
				  Remediation and redevelopment of these sites mitigates the threat to public
				  health and the environment from exposure to uncontrolled contamination, creates
				  and attracts jobs, reduces the use of "greenfields" outside urban areas and
				  increases local tax base. Specifically, the EPA estimates that 7.30 jobs are
				  leveraged per $100,000 of funding expended on brownfields remediation and other
				  economic studies indicate that for every brownfields acre "recycled," up to
				  four acres of open space is spared from development.
C. The grants issued pursuant to these
				  regulations will stimulate the clean-up and redevelopment of Brownfields sites
				  across Rhode Island. The grant program, and specifically the criteria for
				  evaluating and prioritizing applications, is designed to provide a one-stop
				  resource for owners and developers for funding support and technical assistance
				  to facilitate and accelerate the return of brownfields to productive re-use and
				  strengthen Rhode Island's economic base. In general, these funds should be used
				  to clean up sites in Rhode Island, create jobs, small businesses, and add to
				  the tax base of the communities where they are utilized.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 authority provided by R.l. Gen. Laws Chapters 46-17.1, 23-19.1, 23-19.14,
					 46-12, 46-13.1, and R.I. Gen. Laws §§
										46-12-3 and
					 46-12-5 of those Laws, as amended
					 in accordance with R.I. Gen. Laws Chapter 42-35, the Administrative Procedures
					 Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.3 - Liberal Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to allow the Rhode Island Department of
					 Environmental Management (the Department; RIDEM) to effectuate the purposes of
					 state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.4 - Severability

Current through June 14, 2024
If a court of competent jurisdiction thereof holds any
					 provision of these rules and regulations or the application invalid, 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 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.5 - Administrative Findings

Current through June 14, 2024
The Brownfields Remediation and Economic Development Fund
					 was created to encourage the reuse of brownfields throughout Rhode Island.
					 Brownfields are vacant, abandoned, or underutilized industrial or commercial
					 properties where expansion, redevelopment, or improvement is complicated by
					 real or perceived environmental contamination and liability. All projects,
					 specifically the investigation, assessment, remediation and other activities at
					 contaminated sites, shall be subject to the requirements of the Rules and
					 Regulations for the Investigation and Remediation of Hazardous Material
					 Releases (Remediation Regulations), Part 1 of this Subchapter. This Fund is
					 meant to provide funding assistance for pre-development planning, remedial
					 investigation, redevelopment and marketing plans, remedial design, construction
					 of remedies, and associated work at the discretion of the Review
					 Committee.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.8 - Notification of Available Funds

Current through June 14, 2024
A. Availability of
				  Funds - The Director shall announce the availability of all funds under the
				  Brownfields Remediation and Economic Development Fund. During each announcement
				  of availability of funds, the Director may allocate portions of the available
				  funding for either Governmental, Public and Non-Profit Entities or Private
				  Party/Non-Governmental Entities in the Brownfields Remediation and Economic
				  Development Fund. The funds will be available to eligible applicants in the
				  form of grants of up to eighty percent (80%) of eligible costs. Applicants must
				  be able to match at least twenty percent (20%) of eligible costs. At the
				  Director's discretion, a grant for less than eighty percent (80%) of eligible
				  costs may be awarded based on site remediation and redevelopment
				  characteristics. The announcement of the availability of funds issued per this
				  rule may include the weighting of the evaluation criteria listed in
				  §2.11.1(A)(3) of this Part for the round of grants being
				  offered.
B. Frequency of Awards and
				  Announcements - Grants using these funds will be made periodically, but not
				  less than bi-annually (twice every fiscal year) on a competitive basis, based
				  on announcements regarding requests for applications pursuant to §
										2.9(A) of
				  this Part. At a minimum the announcement will state:
1. The approximate amount of money available
				  under the fund;
2. The deadline for
				  all applications; and
3. Any other
				  information that the Director determines necessary and pertinent.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.9 - Application Requirements

Current through June 14, 2024
A. Applications
				  shall be submitted to the RIDEM on a form provided by the Department and shall
				  be signed by the applicant's chief executive or chief financial officer, or
				  other designated and qualified representative.
B. Applications shall be submitted to RIDEM
				  via: RI Department of Environmental Management, Permit Application Center, 2nd
				  Floor, 235 Promenade Street, Providence, RI 02908.
C. In the alternative, the Department may
				  provide mechanisms for electronic submission of grant applications.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.11 - Application Review and Selection

Current through June 14, 2024
2.11.1
Application Review
A. The Review
				  Committee 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
				  §§
												2.9 and
				  2.10 of this
				  Part.
2. The Director shall
				  establish a Review Committee to review the completed applications. All complete
				  applications shall be subject to review by, up to (3) members of the
				  Department, and at least one (1) member selected by the Director from outside
				  the Department.
3. Projects
				  accepted by the Department as complete and consistent with these regulations
				  will be ranked based upon the following criteria, which shall be applied so as
				  to promote the goals and requirements of these Regulations:
a. The economic impact, applicant/private
				  funds leveraged, potential permanent jobs created, tax revenues enhanced and
				  the public benefits derived from the project;
b. The beneficial environmental impact to the
				  land and waters of the State through remediation;
c. The estimated costs, and cost
				  effectiveness, of assessing and remediating the Brownfield to get it to
				  redevelopment;
d. Expansion of
				  existing businesses that create more permanent jobs, tax revenue, and
				  environmental benefit;
e. Ability
				  of applicant/developer to complete the project, including financial solvency,
				  past experience of similar projects, and likelihood of success;
f. Readiness and timeliness to
				  proceed.
4. Applicants
				  may request a de-briefing on their application package scoring after awards are
				  announced. At least one member of the Review Committee shall be present for the
				  de-briefing and requests for de-briefings must be made in writing within thirty
				  (30) days of the relevant grant announcement and shall be accommodated within
				  ninety (90) days of the request.
5.
				  Recommendations for awards will be made to the Director on the basis of a
				  majority vote of the Review Committee. The final decision on any award shall be
				  made by the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 30 - Site Remediation › Part 2 - Rules and Regulations for the Brownfields Remediation and Economic Development Fund › Section 250-RICR-140-30-2.12 - Grant Awards

Current through June 14, 2024
A. Grant Award -
				  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. Other requirements to secure funding shall be:
1. 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 and may result in
				  these funds being awarded to the next highest rated project.
2. 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 other pre-approved proof of matching funds by the Department.
3. 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.
4. All grant payments will be paid in the
				  form of reimbursement payments for eligible expenses incurred in accordance
				  with an approved project. In general, up-front costs or prepayment will not be
				  allowed, however, if at the sole discretion of the Director, such costs are
				  small compared to the overall value of the project or are clearly demonstrated
				  to be necessary for the success of the project, and sufficient documentation
				  and collateral are presented, they may be considered. 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.
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-150-05-1.1 - Purpose

Current through June 14, 2024
It is the purpose of these regulations to establish water
					 quality standards for the State's surface waters. These standards are intended
					 to restore, preserve and enhance the physical, chemical and biological
					 integrity of the waters of the State, to maintain existing water uses and to
					 serve the purposes of the Clean Water Act and R.I. Gen. Laws Chapter 46-12.
					 These standards provide for the protection of the surface waters from
					 pollutants so that the waters shall, where attainable, be fishable and
					 swimmable, be available for all designated uses, taking into consideration
					 their use and value for public water supplies, propagation of fish and
					 wildlife, recreational purposes, and also taking into consideration their use
					 and value for navigation, and thus assure protection of the public health,
					 safety, welfare, a healthy economy and the environment.
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-150-05-1.2 - Legal Authority

Current through June 14, 2024
The authority for these regulations is vested in the
					 Director by R.I. Gen. Laws Chapters 46-12, 42-17.1, and 42-17.6. These rules
					 and regulations are further promulgated pursuant to the requirements and
					 provisions of all chapters of the State of Rhode Island General Laws relating
					 to the duties and responsibilities of the Director for the waters of the State,
					 and in accordance with the requirements of R.I. Gen. Laws Chapter
					 42-35.
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-150-05-1.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate
				  40 C.F.R. §
											136 (2018) by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these Regulations.
B. These Regulations hereby adopt and
				  incorporate the "Methods for Measuring the Toxicity and Bioaccumulation of
				  Sediment-associated Contaminants with Freshwater Invertebrates", Second
				  Edition, March 2000, EPA/600/R-99/064 by reference, not including any further
				  editions or amendments thereof and only to the extent that the provisions
				  therein are not inconsistent with these Regulations.
C. These Regulations hereby adopt and
				  incorporate 40 C.F.R. § 404(b)(1) (2018) by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these Regulations.
D. These Regulations hereby adopt and
				  incorporate the "Assessing Human Health Risk from Chemically-Contaminated Fish
				  and Shellfish", September 1989, EPA/503/ 8-89-002 by reference, not including
				  any further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these Regulations.
E. These Regulations hereby adopt and
				  incorporate the "Water Quality Criteria Documents; Availability," Appendix C -
				  "Guidelines and Methodology used in Preparation of Health Effect Assessment
				  Chapters of the Consent Decree Water Criteria Documents," November 28, 1980, 45
				  FR 79347 by reference, not including any further editions or amendments thereof
				  and only to the extent that the provisions therein are not inconsistent with
				  these Regulations.
F. These
				  Regulations hereby adopt and incorporate
				  40 C.F.R. §
											131.12(a)(1) (2018) by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  Regulations.
G. These Regulations
				  hereby adopt and incorporate 40 C.F.R. §
											423 (2018) by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  Regulations.
H. These Regulations
				  hereby adopt and incorporate 40 C.F.R. §
											116.4 (2018) by
				  reference, not including any further editions or amendments thereof and only to
				  the extent that the provisions therein are not inconsistent with these
				  Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.5 - 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.
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-150-05-1.6 - Severability

Current through June 14, 2024
If any provision of these rules and regulations or the
					 application thereof to any 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 rule or rules or parts of any rule or
					 rules 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 05 - Water Quality › Part 1 - Water Quality Regulations › Section 250-RICR-150-05-1.7 - Application of these Regulations

Current through June 14, 2024
A. Nothing in these
				  rules and regulations shall be deemed to interfere with the Director's power
				  and duty to issue an immediate order pursuant R.I. Gen. Laws §
										46-12-10.
B. These regulations apply to all waters of
				  the State, all systems or means of wastewater treatment, including sewers, all
				  discharges into surface waters, all activities which will likely impact water
				  quality and/or activities that will likely cause or contribute to flow
				  alterations. These regulations shall also apply to those activities regulated
				  by the federal government, other state agencies, and programs within the
				  Department and/or local governmental entities. All departmental regulations
				  should be construed to be consistent and/or complementary and any perceived
				  conflicts are unintentional. Should a perceived conflict arise between or among
				  these regulations and the requirements imposed by the other departmental
				  regulations or other governmental entities, the most stringent requirement
				  shall govern.
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-150-05-1.8 - Surface Water Quality Standards

Current through June 14, 2024
A. Purpose - A
				  water quality standard defines the water quality goals of a surface waterbody,
				  or portion thereof, by designating the use or uses of the water and by setting
				  criteria necessary to protect the uses. Water quality standards are intended to
				  protect public health, safety and welfare, enhance the quality of water and
				  serve the purposes of the Clean Water Act and R.I. Gen. Laws Chapter 46-12.
				  "Serve the purposes of the Act" as defined in Section 101(a)(2) (33 U.S.C. §
											1251) and 303(c) (33 U.S.C. §
											1313) of the Clean Water Act means that water
				  quality standards should, whenever attainable, provide water quality, including
				  quantity, for the protection and propagation of fish and wildlife and for
				  recreation in and on the water and take into consideration their use and value
				  as public water supplies, propagation of fish and wildlife, recreation in and
				  on the water, agricultural, industrial, and other purposes including
				  navigation.
B. Such standards serve
				  the dual purposes of establishing the water quality goals for a specific
				  surface water body or waterbody segment and serve as the regulatory basis for
				  the establishment of water-quality-based-treatment controls and strategies
				  beyond the technology-based levels of treatment required by Sections 301(b)
				  (33 U.S.C. §
											1311) and 306 (33 U.S.C. §
											1316) of the Clean Water Act.
C. Federal Approval and Periodic Review -
				  These water quality standards are subject to approval by the Administrator
				  pursuant to Section 303(c) of the Clean Water Act,
				  33 U.S.C. §
											1313. In accordance with paragraph 303(c)(1)
				  of the Act, 33 U.S.C. §
											1313, the water quality standards shall be
				  reviewed periodically but at least once every three years, and amended as
				  necessary.
D. Symbolic
				  Representative of Water Quality Standards - The Director shall issue maps from
				  time to time which indicate assigned water use classification.
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-150-05-1.9 - Water Use Classification

Current through June 14, 2024
A. The surface
				  waters of the State shall be assigned to one of the classes listed below. Each
				  class is defined by the designated uses, which are the most sensitive and
				  therefore governing water uses which it is intended to protect. Surface waters
				  may be suitable for other beneficial uses, but shall be regulated to protect
				  and enhance the designated uses. In no case shall waste assimilation or waste
				  transport be considered a designated use.
B. Freshwater:
1. Class AA - These waters are designated as
				  a source of public drinking water supply (PDWS) or as tributary waters within a
				  public drinking water supply watershed (the terminal reservoir of the PDWS are
				  identified in §
											1.25 of this Part), for
				  primary and secondary contact recreational activities and for fish and wildlife
				  habitat. These waters shall have excellent aesthetic value.
a. Class AA waters used for public drinking
				  water supply may be subject to restricted recreational use by State and local
				  authorities.
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-150-05-1.10 - Water Quality Criteria

Current through June 14, 2024
A. The following
				  physical, chemical and biological criteria are parameters of the minimum water
				  quality necessary to support the surface water use classifications of
				  §§
										1.9(B),
				  1.9(C), and
				  1.9(D) of
				  this Part and shall be applicable to all waters of the State.
B. General Criteria - The following minimum
				  criteria are applicable to all waters of the State, unless criteria specified
				  for individual classes are more stringent:
1.
				  At a minimum, all waters shall be free of pollutants in concentrations or
				  combinations or from anthropogenic activities subject to these regulations
				  that:
a. Adversely affect the composition of
				  fish and wildlife;
b. Adversely
				  affect the physical, chemical, or biological integrity of the
				  habitat;
c. Interfere with the
				  propagation of fish and wildlife;
d. Adversely alter the life cycle functions,
				  uses, processes and activities of fish and wildlife; or
e. Adversely affect human
				  health.
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-150-05-1.12 - Procedures for Determining Additional Requirements for Effluent Limitations, Treatment and Pretreatment

Current through June 14, 2024
A. Effluent Limited
				  and Water Quality Limited Waters - No person shall discharge pollutants into
				  any surface waters of the State or discharge to a treatment works unless the
				  discharge complies with any additional effluent limitations and receives any
				  additional treatment/pretreatment which the Director determines is necessary to
				  comply with §
										1.11 of this Part, or to
				  prevent overloading or damaging effect upon a treatment works. In order to
				  determine which waters require additional effluent limitations, treatment or
				  pretreatment to comply with §
										1.11 of this Part, or to
				  prevent overloading or damaging effects upon a treatment works, the Director
				  will categorize the surface waters of the State into effluent limited and water
				  quality limited waters. Such classifications will be recorded in Section 305(b)
				  of the Clean Water Act, 33
				  U.S.C. §
											1315, biennial State of the
				  State's waters reports, and will be revised as necessary.
B. Total Maximum Daily Loads in Water Quality
				  Limited Waters - For water quality limited waters, the Director shall identify
				  those pollutants within discharges to the water quality limited waters which do
				  or have the reasonable potential to cause or contribute to a violation of
				  §
										1.11
				  of this Part. The Director shall develop a total maximum daily load (TMDL) for
				  each of these pollutants. The TMDL shall determine the maximum amount of the
				  pollutant that can be discharged into the water quality limited waters and be
				  in compliance with §
										1.11 of this Part. The TMDL
				  shall be based on best available scientific information and allocation of the
				  TMDL may be based on, but not limited to, technical feasibility of pollutant
				  removal, the relative costs of treatment to the contributing discharges, and
				  the relative contribution from each source. The Director shall not be required
				  to allocate the full amount of the pollutant specified in §
										1.11 of this Part, but may
				  designate a portion of the allocation as a reserve or margin of safety as
				  deemed necessary.
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-150-05-1.13 - Prohibited Discharges

Current through June 14, 2024
A. General - The
				  prohibitions enumerated in this rule apply to all pollutants, regardless of the
				  effect on water quality standards or the treatment which the pollutants
				  receive.
B. Pollutants - No person
				  shall discharge pollutants into the waters of the State except as in compliance
				  with the provisions of R.I. Gen. Laws Chapter 46-12, or other applicable
				  chapters, of the Rhode Island General Laws or these regulations, and pursuant
				  to the terms and conditions of an approval issued by DEM thereunder.
C. Urban Runoff - No person shall discharge
				  storm water, gutter runoff, sump discharges, or street runoff to a treatment
				  works designed to receive only wastewater.
D. Hazardous Waste and Hazardous Substances -
				  No person shall discharge hazardous waste or hazardous substances into any
				  waters of the State or discharge hazardous waste or hazardous substances into a
				  wastewater treatment works, except as in compliance with the provisions of R.I.
				  Gen. Laws Chapter 46-12, or other applicable chapters of the Rhode Island
				  General Laws or these regulations, and in accordance with the terms and
				  conditions of an approval issued by the Director or municipality as may be
				  required under the Rhode Island Pretreatment Regulations.
E. Oil, Petroleum Products, Solvents - No
				  person shall discharge oil, petroleum products or industrial solvents into
				  treatment works designed to treat or control only wastewater or stormwater
				  unless it conforms with federal, state and local pretreatment requirements. No
				  person shall discharge oil or petroleum products into the waters of the State
				  except as in compliance with the provisions of R.I. Gen. Laws Chapter 46-12, or
				  other applicable chapters of the Rhode Island General Laws or these
				  regulations, and in accordance with the terms and conditions of an approval
				  issued by DEM thereunder.
F.
				  Discharges of Sewage from Vessels
1. No person
				  shall discharge any sewage from a vessel into the waters of the
				  State.
2. No person shall operate
				  or moor in the waters of the State a vessel equipped with a marine toilet that
				  is:
a. Not a type approved pursuant to the
				  CWA;
b. An approved type that is
				  not in proper working condition; or
c. That does not have the vessel's marine
				  toilets properly sealed to prevent overboard discharges by one of the following
				  means: the through-hull fitting is plugged; or the Y-valve is secured to the
				  holding tank position by means of a padlock, wire tie, or by removing the
				  seacock handle.
3. All
				  sewage must be discharged to an approved marina pump-out facility.
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-150-05-1.14 - Strategic Plan Consistency

Current through June 14, 2024
In addition to the other requirements of these regulations,
					 no person shall discharge any pollutants into any waters of the State so as to
					 violate any legally applicable requirements of a plan approved by the Governor
					 of Rhode Island and the Administrator pursuant to Sections 208(6)
					 (33 U.S.C. §
											1288), 319 (33 U.S.C. §
											1329), and 320 (33 U.S.C. §
											1330) of the Clean Water
					 Act.
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-150-05-1.16 - Application for Approvals

Current through June 14, 2024
A. Application -
				  More than one of the approvals noted in §
										1.15 of this Part may be
				  required. Applications for RIPDES permits shall be submitted and processed in
				  accordance with the Regulations for the Rhode Island Pollutant Discharge
				  Elimination System RIPDES. Applications for Orders of Approval and Water
				  Quality Certifications will be on forms provided by or in the manner prescribed
				  by, DEM, to be submitted to the Director and shall contain such documentation
				  and/or information as the Director may require, including but not limited to:
1. When applicable, documentation that the
				  proposed project is consistent with the currently approved wastewater facility
				  plan or information necessary to modify an approved wastewater facility plan,
				  including but not limited to the project needs, conformance with State Guide
				  Plan policies, goals, and objectives, the basis of design, including design
				  assumptions, data, and calculations;
2. Comprehensive engineering report and
				  detailed engineering plans and specifications for the proposed
				  project;
3. Timetable for and
				  duration of the proposed construction or other activity;
4. Any additional information as may be
				  deemed necessary by the Director to fully assess the impact of the proposed
				  activity upon the waters of the State or to support any changes in the scope of
				  the project, actual or anticipated;
5. Any additional information including
				  proprietary data, where, in the opinion of the Director, such information is
				  necessary to fully disclose all relevant facts concerning the application for
				  an approval. The applicant may assert a claim of confidentiality for
				  proprietary data as defined in R.I. Gen. Laws §
											38-2-2 provided said information
				  is clearly marked and segregated within the total information requested by the
				  Department; and
6. A preponderance
				  of clear and scientifically valid evidence having a probative value
				  demonstrating, to the satisfaction of the Director, that the activity will not
				  violate the surface water quality standards established by these Water Quality
				  Regulations, and amendments thereto.
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-150-05-1.17 - Procedures for Review of Applications for Orders of Approval and Water Quality Certifications

Current through June 14, 2024
A. In consideration
				  of the application, the Department may use, but is not limited to, the
				  following documents: Guides for the Design of Wastewater Treatment Works
				  (TR-16, 2011 Edition as Revised in 2016), published by the New England
				  Interstate Water Pollution Control Commission; Design of Water Resource
				  Recovery Facilities (WEF Manual of Practice #8 & ASCE Manual and Report on
				  Engineering Practice #76), jointly published by the Water Environment
				  Federation and the American Society of Civil Engineers (Sixth Edition); Rhode
				  Island Soil Erosion and Sediment Control Handbook, developed jointly by R.I.
				  DEM and U.S. Department of Agriculture Natural Resources Conservation Service
				  (2016); State of Rhode Island Stormwater Design and Installation Standards
				  Manual (2010 version amended March 2015), developed jointly by R.I. DEM and
				  Coastal Resources Management Council; the Technical Support Document for Water
				  Quality-based Toxics Control, March 1991, EPA/505/ 2-90-001; Evaluation of
				  Dredged Material Proposed for Ocean Disposal Testing Manual, February 1991,
				  EPA-503/ 8-91/001; Interim Regional Policy for New England Stream Flow
				  Recommendations, U. S. Department of Interior, Fish and Wildlife Service; Water
				  Quality Standards Handbook, 2nd. Ed., August 1994, EPA-823-B-
				  94-005a.
B. Application
				  Completeness
1. Upon receipt of an
				  application, the Department will review the application for completeness and
				  shall notify the applicant in writing whether the application is complete.
				  Where the Department has deemed an application to be deficient, the processing
				  of the application will be suspended and the applicant shall correct said
				  deficiencies to the satisfaction of the Department.
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-150-05-1.18 - Effect of Approval

Current through June 14, 2024
A. The issuance of
				  an approval mandates compliance with all terms, conditions, management
				  practices and operation and maintenance requirements set forth in the approval.
				  Any violation of these may result in the finding of a prohibited discharge as
				  set forth in §
										1.13 of this
				  Part.
B. The issuance of an
				  approval does not relieve any person of the continuing responsibility to comply
				  with any applicable rule of these regulations or applicable sections of the
				  Clean Water Act.
C. The issuance of
				  an approval by the Department does not relieve any person of the responsibility
				  for obtaining any other necessary permits or approvals from any federal, state,
				  regional, or local agency.
D. The
				  issuance of an approval does not authorize any injury to persons or property or
				  invasion of other private rights, or any infringement of Federal, State or
				  local law or regulations.
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-150-05-1.19 - Modification, Expiration, Suspension or Revocation of Approval

Current through June 14, 2024
A. The Director may modify, suspend, or
				  revoke, in whole or in part, an approval for cause, including, but not limited
				  to:
1. Information indicating that the project
				  will likely result in probable harm to the environment or pose a threat to the
				  health, safety and/or welfare of the public;
2. The existence of a factor or factors
				  which, if properly and timely brought to the attention of the Director, would
				  have justified the application of more or less stringent conditions than
				  required by these regulations, but only if such factor(s) arose after the
				  approval was issued;
3. Changes in
				  effluent limitations in accordance with §
											1.12 of this Part, or
				  changes in the definition(s) of such limitations in the Clean Water Act or
				  applicable Environmental Protection Agency regulations;
4. Where circumstances on which the approval
				  was based have materially and substantially changed since the approval was
				  issued, including, but not limited to, a change in category of waters from
				  effluent limited to water quality limited, or amendment of these
				  regulations;
5. The information or
				  data submitted by the applicant or permittee either on the form(s) required or
				  in any other material in support of the application is found to be false,
				  misleading or erroneous; or
6. The
				  project is not undertaken in strict compliance with the conditions or
				  provisions of any approval issued by the Department.
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-150-05-1.21 - Modification of Water Quality Standards

Current through June 14, 2024
A. Authority - The
				  Director has the power and duty in accordance with §
										1.2 of this Part and R.I.
				  Gen. Laws §
										46-12-3 to promulgate water
				  quality standards.
B. Request for
				  Modification - Any person may request that the Director modify a water quality
				  standard. The request must include a preponderance of clear and scientifically
				  valid evidence having a probative value to demonstrate that such modification
				  is consistent with these regulations. In addition, a Use Attainability Analyses
				  (UAA) must be conducted:
1. for a request to
				  remove a designated use specified in Section 101(a)(2) of the Clean Water Act,
				  33 U.S.C. §
												1251; or
2. to propose a subcategory of uses specified
				  in Section 101(a)(2) of the Clean Water Act,
				  33 U.S.C. §
												1251, which require less stringent
				  criteria.
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-150-05-1.22 - Variances from Water Quality Standards

Current through June 14, 2024
A. Conditions for
				  Granting Variances - A variance from the water quality standards may be granted
				  by the Director when the Director has a reasonable belief that the standard can
				  ultimately be attained. A variance from meeting the standard is granted to the
				  discharger for the particular constituent that is causing non-attainment of the
				  standard. All other applicable criteria and standards must be met by the
				  discharger. The criteria protective of the standard must be maintained for all
				  other dischargers on the waterbody. A variance can be granted only under the
				  following conditions:
1. Non-attainment of
				  the standard is attributed to one of the following:
a. Naturally occurring background pollutant
				  concentrations or natural background conditions prevent the attainment of the
				  use;
b. Naturally occurring
				  ephemeral, intermittent or low flow conditions or water levels not human-made
				  or human-induced prevent the attainment of the use, unless these conditions may
				  be compensated for by the discharge of sufficient volume of effluent discharges
				  without violating state water conservation requirements to enable uses to be
				  met;
c. Human-made or human-induced
				  conditions prevent the attainment of the use and cannot be remedied per §
												1.22(A)(1)(f)
				  of this Part, or would cause more environmental damage to correct than to leave
				  in place;
d. Existing dams,
				  diversions or other types of permitted hydrologic modifications which meet all
				  applicable permit and/or water quality certificate requirements preclude the
				  attainment of the use, and it is not feasible to restore the water body to its
				  original condition or to operate such modification in a way that would result
				  in the attainment of the use;
e.
				  Physical conditions related to the naturally occurring features of the
				  waterbody, such as the lack of a proper substrate, cover, flow, depth, pools,
				  riffles, and the like, unrelated to water quality and not human-made or
				  human-induced, preclude attainment of aquatic life protection uses;
				  or
f. Controls more stringent than
				  those required by Sections 301(b)(1)(A) and (B) (33 U.S.C. §
													1311) and §306 (33 U.S.C. §
													1316) of the Clean Water Act for point source
				  dischargers, and reasonable best management practices for nonpoint source
				  dischargers, would result in substantial and widespread economic and social
				  impact.