Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.5 - Definitions

Current through June 14, 2024
A. For the purposes of these rules and
				  regulations the following terms shall have the following meanings:
1. "Acre feet" means a unit of volume equal
				  to forty-three thousand five hundred sixty cubic feet or three hundred
				  twenty-five thousand eight hundred thirty gallons (a measure that would cover
				  one acre to a depth of one foot).
2. "Control structure" means a permanent
				  feature of a Dam that allows the water behind the Dam to be raised or lowered.
				  Examples of a Control structure include, but are not limited to, a low-level
				  outlet, gate, valve or removeable boards.
3. "Dam" means any barrier made by humans
				  that impounds or diverts water.
4.
				  "Dam Management District" means a legal entity created pursuant to R.I. Gen.
				  Laws Chapter 45-62.
5. "Dam
				  operation permit" means a written authorization to raise or lower the water
				  level behind a Dam that is issued by the Department under these rules and
				  regulations.
6. "Dam Safety Rules"
				  means the Rules and Regulations for Dam Safety (Subchapter 05 Part 1 of this
				  Chapter), as amended.
7.
				  "Department" means the Department of Environmental Management.
8. "Extreme events" means occurrences of
				  unusually severe weather that can result in failure of a Dam. Weather-related
				  Extreme events are often short-lived and include, but are not limited to
				  hurricanes, tornadoes, tropical cyclones, and floods.
9. "FWW Rules" means the Rules and
				  Regulations Governing the Administration and Enforcement of the Freshwater
				  Wetlands Act (Part 150-15-3 of this Title), as amended.
10. "Historically" or "Historic" means
				  between July 1971 and June 2022.
11. "Historic use" means the use that has
				  consistently occurred in the operation of the dam between July 1971 and June
				  2022.
12. "Jurisdictional Dam"
				  means a Dam that has the capacity to store greater than one thousand four
				  hundred (1,400) normal storage Acre feet of water and has a Control structure
				  and does not impound water for a public water supply system as defined in R.I.
				  Gen. Laws §
											46-13-2.
13. "Operator" means the Person in control of
				  or having responsibility for operating the Dam.
14. "Owner" means the Person or Persons,
				  including any individual, firm, partnership, association, syndicate, company,
				  trust, corporation, municipality, agency, political or administrative
				  subdivision of the state or any legal entity of any kind holding legal title to
				  a Dam.
15. "Person" means an
				  individual, trust, firm, joint stock company, corporation (including a
				  quasi-governmental corporation), limited liability company, partnership,
				  association, syndicate, municipality, municipal or state agency, fire district,
				  club, non-profit agency or any subdivision, commission, department, bureau,
				  agency, or department of state or federal government (including any
				  quasi-governmental corporation) or of any interstate body.
16. "Qualified engineer" means a professional
				  engineer fully registered in the State of Rhode Island, who is experienced with
				  Dam inspection, design, construction, and repair.
17. "R.I. Gen. Laws" means the Rhode Island
				  General Laws.
18. "WQ Rules" means
				  the Water Quality Regulations (Part 150-5-1 of this Title), as
				  amended.