reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.9 - Enforcement of the State Housing Appeals Board Decision

Current through June 14, 2024
A. The State Housing Appeals Board or the applicant shall have the power to enforce the orders of the State Housing Appeals Board by action brought in Supreme Court.
B. The State Housing Appeals Board shall immediately notify the Local Review Board of its decision and order and the Local Review Board shall carry out the decision and order of the State Housing Appeals Board within thirty (30) days of its decision.
C. Upon failure to carry out the decision of the State Housing Appeals Board within the thirty (30) day period cited in §
										2.9(B)     of this Part, the decision and order of the State Housing Appeals Board shall, for all purposes, be deemed to be the action of the Local Review Board unless the applicant consents to a different decision or order by such Local Review Board.
D. The decision of the State Housing Appeals Board shall be binding on the city or town which shall forthwith issue any and all necessary permits and approvals to allow the construction and operation of the housing as approved by the State Housing Appeals Board.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.10 - Terms and Conditions of Membership of the State Housing Appeals Board

Current through June 14, 2024
A. All members appointed after December 31, 2004 shall serve a term of three (3) years. All members shall hold office for the term for which the member was appointed and until the member's successor shall have been appointed and qualified, or until the member's death, resignation or removal.
B. A member shall receive no compensation for his/her services, but shall be reimbursed by the state for all reasonable expenses actually and necessarily incurred in the performance of his/her actual duties.
C. The State Housing Appeals Board shall hear all petitions for review filed under R.I. Gen. Laws §
										45-53-5.
D. Rhode Island Housing and Mortgage Finance Corporation shall provide such space and clerical and other assistance as the State Housing Appeals Board may require.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.11 - Ethics and Conflict of Interest Standards for Members of the State Housing Appeals Board

Current through June 14, 2024
A. It is the policy of the state of Rhode Island that public officials and employees must adhere to the highest standards of ethical conduct, respect the public trust and the rights of all persons, be open, accountable and responsive, avoid the appearance of impropriety, and not use their position for private gain or advantage.
B. The members of the State Housing Appeals Board are bound by the Rhode Island Code of Ethics, R.I. Gen. Laws Chapter 36-14.
C. The alternate member of the State Housing Appeals Board shall act in the place of any other municipal member representing a city council, town council, planning board or zoning board who has recused herself or himself from voting or otherwise participating in the State Housing Appeals Board's consideration and disposition of the matter at issue, including but not limited to, consideration of and voting on an appeal brought to the State Housing Appeals Board which involves the city or town where the municipal member resides.
Rhode Island Code of Regulations › Title 480 - State Housing Appeals Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules Implementing the Rhode Island Low and Moderate Income Housing Act (480-RICR-00-00-2) › Section 480-RICR-00-00-2.12 - Changes and Waivers of Regulations

Current through June 14, 2024
A. These rules and regulations may be amended from time to time in accordance with the provisions of the Administrative Procedures Act, R.I. Gen. Laws §
										42-35-3.
B. Provisions of these rules and regulations may be waived for good cause by a majority vote of the seven member State Housing Appeals Board. In the event of such waiver, the Chair shall file with the record of the case a statement of the facts on which such a waiver is based. No waiver shall be made if it conflicts with any mandatory provisions of the statute.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to establish targets and
					 methods for efficient water use for major public water suppliers. This rule also
					 establishes reporting requirements.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.2 - Authority

Current through June 14, 2024
This regulation is authorized pursuant to R.I. Gen. Laws
					 §§
										46-15-8,
					  46-15.3-5.1,
					  46-15.7-3,
					 and
					  46-15.8-5.
1.2.1
Construction and Application
A. The terms and provisions of this regulation
				 shall be liberally construed to authorize the Board to effectuate the purposes of
				 State law, goals, and policies.
B.
				 This regulation applies to major public water suppliers, as defined within, and
				 the Rhode Island Water Resources Board.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.4 - Water Efficiency and Demand Management Targets for Major Public Water Suppliers

Current through June 14, 2024
A. The following
				 targets, pursuant to R.I. Gen. Laws §§
										46-15.3-5.1(c) 
				 and
				  46-15.8-5,
				 are established by the Board:
1. Residential
				 average annual water use of sixty-five (65) gallons per capita per day (GPCD)
				 which takes into consideration;
a. Fluctuations
				 in the population served.
b.
				 Multi-unit residences that in some systems may be categorized and billed as
				 commercial.
c. Other factors as
				 appropriate as determined by the Board.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.5 - Methods for Achieving Targets for Major Public Water Suppliers

Current through June 14, 2024
A. Required Methods for Achieving Targets
1. Initiate a program to accomplish 100%
				 metering of all water delivered as specified in R.I. Gen. Laws §
											46-15.3-22(b).
				 The metering requirement is not applicable to fire suppression systems, such as
				 fire hydrants and fire sprinkler systems since the high flows of such systems
				 makes metering impractical.
2.
				 Initiate a program for the maintenance and replacement of meters in accordance
				 with the American Water Works Association (AWWA) standards and water supply
				 system management plans as specified in R.I. Gen. Laws §
											46-15.3-22(b).
3. Initiate a program for
				 installation of radio frequency reading systems as specified in R.I. Gen. Laws
				 §
											46-15.3-22(b).
4. Record metered usage and bill as
				 specified in R.I. Gen. Laws §§
											39-15.1-3(b)(3)(e) 
				 or
				  46-15.3-22(c) 
				 as applicable.
5. Education to
				 encourage the efficient use of water for all customers, which may be developed
				 and implemented by others.
6. Rate
				 structures that are adequate to pay for all costs associated with water supply,
				 are equitable, sensitive to economic impacts, and encourage the efficient use of
				 water, per R.I. Gen. Laws §§
											39-15.1-3 or 45-39.1.5 as
				 applicable.
7. Implement leak
				 detection programs in accordance with AWWA standards and water supply system
				 management plans. If leakage is more than 10% of the withdrawals and/or purchased
				 water, as reported to the Board pursuant to §
											1.6(C)(5)     of
				 this Part, a system-wide leak detection program shall be initiated during the
				 following fiscal year and progress reported pursuant to §
											1.6(C)(6)     of
				 this Part, per R.I Gen. Laws §
											46-15.3-5.1(c).
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.6 - Water Use and Efficiency Progress Reporting for Major Public Water Suppliers

Current through June 14, 2024
A. Suppliers shall
				 report on forms and/or in a format as established by the Board.
B. Suppliers shall prepare a Water Efficiency
				 and Demand Management Strategy (DMS) to achieve targets identified in §
										1.4     of this Part through the
				 application of required methods in §
										1.5(A)     of
				 this Part and through the application of selected optional methods listed in
				 §
										1.5(B)     of this
				 Part and or any other methods as appropriate.
1. The DMS shall constitute an amendment to and
				 appendix of the Water Supply System Management Plan (WSSMP)
2. The DMS shall include a description of
				 actions to be taken to address each of the targets outlined in §
											1.6     of this
				 Part.
3. The DMS shall include a
				 description of how the methods outlined in §
											1.5     of this Part are to be
				 implemented as regulation of the DMS.
4. The DMS shall include a schedule and
				 timeline for completing each of the actions included in the plan.
5. The DMS is subject to review and approval by
				 the Board.
6. Once completed and
				 appended to the Water Supply System Management Plan (WSSMP), the DMS requirements
				 and progress shall be referenced and reviewed pursuant to the Rules and
				 Procedures of the Water Supply System Management Program.
7. Progress in achieving the goals and
				 implementing the DMS shall be reported annually pursuant to §
											1.6(C)(6)     of
				 this Part.
8. If progress toward
				 meeting the water efficiency and demand management targets and the supplier
				 specific measurable goals have not been met after implementing the DMS or after 5
				 years, whichever is sooner, the Board may require the DMS be revised in amendment
				 to the WSSMP.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.7 - Enforcement

Current through June 14, 2024
A. The Board may issue a Notice of Violation to
				 any major public water supplier that fails to comply with provisions of these
				 regulations. The major public water supplier shall have twenty (20) days to
				 respond to the Notice of Violation in writing. After an opportunity to be heard
				 before the Board and in accordance with R.I. Gen. Laws §
										42-35-9,
				 failure to resolve the outstanding Notice of Violation in a manner consistent
				 with the schedule as determined by the Board may result in the issuance of an
				 administrative order. The issuance of an administrative order shall be deemed a
				 final agency order subject to an immediate appeal in the superior court of
				 Providence County or in the superior court in the county in which the cause of
				 action arose. Any appeal taken and subsequent review by a court with jurisdiction
				 shall be in accordance with R.I. Gen. Laws Chapter 42-35.
B. The Board may issue to any major public
				 water supplier failing to comply with the requirements of §
										1.6     of this Part (Water Use and
				 Efficiency Reporting) an order requiring submission of the required information.
C. Any finding by the Board of
				 non-compliance by a major public water supplier listed in R.I. Gen. Laws §
										39-15.1-2(4) 
				 with the requirements of R.I. Gen. Laws §§
										46-15.3-7.5 or
				  46-15.3-7.6 shall be forwarded to the Division of Public Utilities and Carriers as required
				 by R.I. Gen. Laws §
										46-15.3-20.
D. Failure to comply with any administrative
				 order issued by the Board may subject a major public water supplier to the
				 penalties set forth in R.I. Gen. Laws §
										46-15-11(b).
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 1 - Water Use and Efficiency Rule for Major Public Water Suppliers › Section 490-RICR-00-00-1.8 - Severability

Current through June 14, 2024
If any provision of this regulation or the application of
					 same to any person or circumstance, is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of this regulation shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.1 - Purpose and Goals

Current through June 14, 2024
A. The purpose of
				 these regulations is to implement the provisions of R.I. Gen. Laws Chapter
				 46-5.3, as amended, to ensure:
1. Water Supply
				 Systems Management Plans (WSSMP), including emergency management and contingency
				 plans, are prepared, maintained, and carried out by each entity engaged in or
				 authorized to engage in the supply, treatment, transmission or distribution of
				 drinking water;
2. that the WSSMPs
				 are consistent with policies and set forth in the State Guide Plan particularly
				 in those related to water resources, as may be added or amended from time to time
				 by the Rhode Island State Planning Council;
3. that the plans and their execution achieve
				 effective conservation, development, utilization, and protection of this finite
				 natural resource in ways that meet the present and future needs of the state and
				 its people;
4. that Water Quality
				 Protection Plans (WQPP) are incorporated as components of WSSMPs;
5. that the WQPP component includes strategies
				 for well-head and watershed protection required by statute and for drinking water
				 quality improvements;
6. that
				 policies and procedures for collecting and administrating the Water Quality
				 Protection Fund are implemented consistent with the intent of applicable Rhode
				 Island General Laws, bonding agreements, and public interest.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.2 - Legislative Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen. Laws
					 Chapter 46-15.3, Water Supply System Management Planning Act.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.3 - Liberal Application

Current through June 14, 2024
This regulation shall be liberally construed to allow the
					 Board to effectuate the purposes of state law, goals and policies consistent with
					 the Water Supply System Management Planning Act, R.I. Gen. Laws Chapter 46-15.3
					 as amended.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.4 - Severability

Current through June 14, 2024
If any provision of these regulations and procedures or the
					 application thereof to any person or circumstances is held invalid by a court of
					 competent jurisdiction, the remainder of the regulations and procedures shall not
					 be affected thereby. The invalidity of any section or sections or of parts of any
					 section or sections shall not affect the validity of the remainder of these rules
					 and procedures.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.5 - Conformity with Other Legislation

Current through June 14, 2024
The water supply systems management plans shall conform to
					 all applicable provisions of state and federal laws including the federal Safe
					 Drinking Water Act
					  42 U.S.C. §
											300f  et seq.; R.I. Gen. Laws
					 Chapters 46-13 (Public Drinking Water Supply); and 46-14 (Contamination of
					 Drinking Water), as administered by the RI Department of Health; R.I. Gen. Laws
					 §
										42-11-10(d) 
					 (State Guide Plan) and R.I. Gen. Laws Chapter 45-22.2 (RI Comprehensive Planning
					 and Land Use Act) both administered by the RI Statewide Planning
					 Program.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.7 - Applicability - Preparation of Plans

Current through June 14, 2024
All water suppliers and institutional water suppliers which
					 obtain, transport, purchase, or sell more than 50,000,000 gallons of water per
					 year shall be required to prepare, maintain, and carry out a Water Supply Systems
					 Management Plan (WSSMP) as described by these procedures. A supplier that bills
					 50 million gallons or less of public drinking water per calendar year shall be
					 exempt from the implementation of the Act under the Board's application of "de
					 minimis no carat lex". In order to continue to qualify for said de minimis
					 exemption the supplier must report annually in January of each year the total
					 amount of water produced or total amount of water billed for the preceding
					 calendar year. Any supplier exceeding the 50 million-gallon threshold for the
					 prior calendar year shall be subject to this Act, these rules, and the imposition
					 of water quality charges starting March 1st following the calendar year in which
					 billings exceeded the 50 million-gallon threshold. Once a de minimis supplier
					 becomes subject to imposition of the charge under these rules, even though such
					 supplier may subsequently fall below the 50 million-gallon per year threshold,
					 said supplier shall continue to be subject to the Act. Institutional water
					 systems, which exceed the 50 million-gallon threshold, shall be subject to the
					 Act. Pumping records on a calendar year basis shall be utilized as the indicator
					 for this eligibility.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.8 - Plan Contents

Current through June 14, 2024
Water Supply System Management Plans shall address each of
					 the topics listed in this section, to the extent that each is relevant to the
					 water supplier, the water source(s), the water system(s), and the area served or
					 eligible to be served. The plan shall include an Executive Summary highlighting
					 the elements of the plan.
2.8.1
Goals Statement
A. Stated goals
				 shall promote the effective and efficient conservation, development, utilization,
				 and protection of the states' surface and ground water resources.
B. Goal statements shall be consistent with the
				 comprehensive plan of the municipality or municipalities in which the service
				 area is, or is planned to be, located and with the State Guide Plan element(s)
				 related to water supply as may be added or amended from time to time by the RI
				 State Planning Council according to R.I. Gen. Laws §
											42-11-10.
C. Institutional suppliers shall, wherever
				 applicable, endeavor to be consistent with the comprehensive plan of the
				 community in which it is located.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.9 - Data Collection Requirements

Current through June 14, 2024
A. Water use data
				 must be assembled as an element of projecting long-term future water demand and
				 availability of supplies to assess progress in achieving identified objectives,
				 including the effectiveness of water conservation programs.
B. The Board is authorized under R.I. Gen. Laws
				 Chapter 46-15.7 to collect data or other information more frequently, especially
				 with the advent of automated systems and implementation of electronic, real-time
				 data systems.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.10 - Plan Submittal

Current through June 14, 2024
2.10.1
Time
				 Schedule for Plan Submittal
A. Each
				 water supplier required by these regulations to prepare and maintain a water
				 supply system management plan shall file such plan per a date determined by the
				 Water Resources Board.
B.
				 Institutional water suppliers or water suppliers that obtain, transport,
				 purchase, or sell an amount of water exceeding 50 million gallons per year are
				 required to submit a water supply system management plan, under the rules set
				 forth in these procedures. The Board allows 18 months from the end of the
				 chronological year in which the 50 million gallons or more per year volume
				 occurred for the development of these plans.
C. In order to determine when a water supplier
				 meets the 50 million-gallon per year threshold under WSSMP, the Board shall
				 utilize the information from the water supplier, Rhode Island Department of
				 Health, payment of state surcharges, and any other available
				 information.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.11 - Review of Plans

Current through June 14, 2024
2.11.1
Review
				 Process
A. The Board shall coordinate
				 the review of water supply system management plans and any replacements or
				 amendments thereto, prepared by water suppliers subject to these
				 regulations.
B. Upon receipt of a
				 water supply system management plan, replacements, revisions, or amendments
				 thereto, by the Board, the Board shall "date stamp" the plan. The "date stamped"
				 date shall be used to determine the initiation of the applicable review
				 periods.
C. The Board shall accept
				 comments on water supply system management plans and any replacements, responses
				 to review comments and or amendments thereto from the Office of Drinking Water
				 Quality of the Department of Health, the Statewide Planning Program of the
				 Department of Administration, the Office of Water Resources of the Department of
				 Environmental Management and the Division of Public Utilities and Carriers no
				 later than 90 days from the date stamped by the Board, pursuant to
				 §2.11.2(C) of this Part.
D. Upon
				 consideration of the written comments by all agencies designated herein and any
				 public comment (§2.11.2 of this Part)
				 provided to the Board, the Board shall determine whether the plan complies with
				 the requirements of these procedures. The Board shall approve plans found in
				 compliance with these procedures.
E.
				 The Board shall notify the water supplier of its determination in writing. Unless
				 extended by the issuance of a first notice of deficiencies, the determination
				 shall be made within 180 days of the date stamped by the Board, pursuant to
				 §2.11.1(C) of this Part.
F. Failure of the Board to notify a water
				 supplier of its determination within the said time limit shall constitute
				 approval of the submitted water supply system management plan. However, if plans,
				 replacements or amendments thereto are submitted prior to the scheduled submittal
				 date, the Board may opt to utilize the scheduled submittal date as the initial
				 submission date for purposes of initiating the 180-day specified review
				 period.
G. The time for the review of
				 water supply system management plans, replacements, revisions, or amendments
				 thereto submitted after the scheduled submittal date shall be as determined by
				 the Board.
H. The time for the review
				 of water supply system management plans amended as a result of an invalidation of
				 a plan component shall be in accordance with a schedule as agreed to by the
				 Board.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.12 - Determinations of Plan Compliance

Current through June 14, 2024
2.12.1
Determination of Compliance
Upon consideration of the written comments by all agencies
					 designated herein and any public comment received by the Board, the Board shall
					 determine whether the plan is in substantial compliance with the objectives of
					 the Water Supply System Management Act and the requirements of these regulations.
					 Substantial compliance shall be defined as having achieved the Water Supply
					 System Management Act's stated objectives, goals, and planning mandates or
					 otherwise having committed resources, as evidenced by a schedule for the timely
					 implementation of such actions necessary to achieve the Act's objectives, goals,
					 and mandates, as further specified in §2.8.8 of this Part. The Board shall
					 issue a determination of compliance to water suppliers whose plans have been
					 found in compliance with these regulations. The Board shall forward to each state
					 review agency designated in §2.10.3 of this Part a copy of each
					 determination of compliance issued by the Board.
2.12.2
Determination of
				 Non-Compliance
A. The Board shall issue
				 a determination of non-compliance should the following occur:
1. A municipality or water supplier subject to
				 the Water Supply System Management Act fails to submit a water supply system
				 management plan, replacement, revisions, or amendments thereto, report or other
				 filings required by the Water Supply System Management within specified time
				 periods as provided herein;
2. Any
				 reviewing agency finds that substantive deficiencies prevent the water supply
				 system management plan, replacements, revisions, or amendments thereto from
				 meeting the requirements of the Water Supply System Management Act and the Board
				 finds that these deficiencies constitute substantial non-compliance with the Act
				 and this rule.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.13 - Evaluation of Plan Implementation

Current through June 14, 2024
2.13.1
General
				 Policy
A. The Board may issue a
				 determination of non-compliance should the following occur:
1. Failure of a water supplier to implement
				 their Board-approved plan.
2. The
				 Board after reviewing progress made in implementing a plan, finds that plan
				 implementation is not sufficient to achieve the objectives of the Water Supply
				 System Management Act. In assessing progress made under an approved water supply
				 system management plans, the Board shall consider the financial and technical
				 resources available to the water supplier, factors that are and are not within
				 the control of the water supplier, changes occurring since the plan was adopted
				 or most recently amended, and other matters relevant to the execution of a water
				 supply system management plan.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.14 - Appeal Procedure

Current through June 14, 2024
2.14.1
Filing
				 of Appeal
All appeals shall be in writing and shall be filed with and
					 received by the Board within thirty (30) days of the notification of
					 non-compliance.
2.14.2
Contents of Appeal
Every appeal shall contain all information necessary and
					 procedures required by the Board, and the water supplier's name and address, and
					 the name of the chief executive officer, director or head of the agency.
2.14.3
Conduct of
				 Hearing
The notice and conduct of the hearing by the Board shall
					 comply in all respects with provisions of the Administrative Procedures Act, R.I.
					 Gen. Laws Chapter 42-35.
2.14.4
Burden of Proof and Standard for
				 Review
At the adjudicatory hearing, the water supplier shall have
					 the burden of proof to demonstrate by clear and convincing evidence that the
					 water supply system management plan complies with the requirements of these
					 regulations and procedures.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 2 - Rules and Procedures for Water Supply Systems Management Planning › Section 490-RICR-00-00-2.15 - Enforcement

Current through June 14, 2024
The Board shall forward any determinations of non-compliance
					 made pursuant to §2.12.2 and 2.13.1 of this Part to the Division of Public
					 Utilities and Carriers for consideration of enforcement action as set forth in
					 R.I. Gen. Laws §
										39-4-3.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Emergency Water Systems Interconnections › Section 490-RICR-00-00-3.1 - General Provisions

Current through June 14, 2024
3.1.1
Scope and
				 Construction
A. This program shall
				 provide twenty-five percent (25%) of the cost of approved emergency
				 interconnections designed and constructed to serve a single water system and
				 shall provide fifty percent (50%) of the cost of approved interconnections
				 between two or more systems. Only the construction of water interconnections and
				 the acquisition of land or rights-of-way, together with necessary engineering and
				 design, are eligible for assistance under this program. Costs of borrowing,
				 amortization costs, legal, and all other costs attendant to the funding of water
				 interconnections are not eligible for financial assistance under this program and
				 must be fully borne by the project applicant. Final determinations of project
				 eligibility shall be made by the Water Resources Board.
B. The following shall constitute the
				 regulations governing the disposition of appropriations for the purpose of
				 providing twenty-five (25) percent and/or fifty (50) percent of the cost of
				 approved emergency interconnections between municipal, quasi-municipal or
				 privately-owned water supply systems pursuant to R.I. Gen. Laws Chapter 46-15, as
				 amended. These regulations prescribe procedures for application, minimum
				 standards of conduct for Grantees, and performance standards for the development
				 of emergency interconnections of municipal, quasi-municipal or privately owned,
				 potable water distribution systems. An emergency shall be defined as any
				 potential or existing crisis and/or situation wherein a system could be
				 temporarily unable to provide sufficient potable water to meet minimum health
				 and/or fire protection needs as determined by the applicant.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 3 - Rules and Regulations for Emergency Water Systems Interconnections › Section 490-RICR-00-00-3.2 - Grant Procedures and Requirements

Current through June 14, 2024
3.2.1
Scope
This section prescribes procedures and requirements for the
					 award of state grants of twenty-five (25) percent and/or fifty (50) percent of
					 the cost of approved water system interconnections pursuant to R.I. Gen. Laws
					 Chapter 46-15.2, as amended.
3.2.2
Preapplication Procedures
Every applicant shall request an informal conference prior to
					 making a formal application for a grant. During the conference, the Board shall
					 identify and explain all grant application documents. The Board shall identify
					 and answer questions concerning other approvals the applicant must obtain prior
					 to awarding a grant. This preapplication conference is not a part of the formal
					 application procedure.
3.2.3
Application Procedure
A. To apply
				 for a Rhode Island Emergency Water Systems Interconnection Grant, an applicant
				 shall comply with these procedures. The application shall be submitted to the
				 Board on a form provided for that purpose.
B. An applicant for a Rhode Island Emergency
				 Water Systems Interconnection grant shall submit:
1. A completed Grant Application;
2. A demonstration that its seventy-five (75)
				 percent or its fifty (50) percent share, as the case may be, of the eligible
				 project costs is available and obligated to the project;
3. A description of how it plans to repay any
				 loans and pay any other expenses necessary to fully complete and implement the
				 project, the steps it plans to take before receiving the grant that will
				 guarantee that at the time of the award document, it will be irrevocably
				 committed to complete the eligible project scope and pay any other expenses
				 necessary to fully complete, implement, operate and maintain the
				 project;
4. A written explanation of
				 the need for the project;
5. Evidence
				 that any water supply system that may be affected by either existing or new
				 interconnections have an interconnection agreement;
6. A proposed construction schedule for the
				 project;
7. All agreements, and or
				 subagreements that the Board may require.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.1 - Water Authority

Current through June 14, 2024
4.1.1
Water
				 Development Fund
A. There is hereby
				 created a special fund called "water development fund" in accordance with the
				 provisions of R.I. Gen. Laws §
											46-15.1-20.
B. The source of funds may be any net proceeds
				 which may be paid to the State from the lease of any reservoir sites or other
				 facilities as may be acquired or constructed by the State or resulting from the
				 sale of surplus property or any interest therein, the sale of excess gravel,
				 timber or other such materials located on such reservoir sites or other
				 facilities.
C. Monies from this fund
				 may be appropriated by and available for borrowing by the Board in accordance
				 with the provisions of R.I. Gen. Laws Chapter 46-15.1, R.I. Gen. Laws §
											46-15.1-20 and R.I. Gen. Laws Chapter 46-15.2, as amended, exclusive of the acquisition of
				 reservoir sites.
D. If the water
				 development account created by this chapter exceeds the sum of one million
				 dollars ($1,000,000), such excess over that amount is hereby made available and
				 appropriated for expenditure by the Board to implement the plans and programs
				 authorized by provisions of R.I. Gen. Laws Chapters 46-15.1 and 46-15.2, as
				 amended, exclusive of the acquisition of reservoir sites.
E. All monies in the water development fund,
				 not immediately required for payment or loan may be invested pursuant to R.I.
				 Gen. Laws Chapter 35-10; provided, however, the securities in which said fund is
				 invested shall remain a part of such fund until exchanged for other securities;
				 and provided further, that any net profit or income from such investments shall
				 become part of the general fund of the state and shall be applied to the payment
				 of debt service charges of the State; provided however, that any interest from
				 loans made pursuant to this chapter may be retained by the said Board for the
				 purposes authorized herein.
F. All
				 monies in this water development fund, in excess of one million dollars
				 ($1,000,000) shall be deposited by the general treasurer into one (1) or more of
				 the depositories in which the funds of the State may be lawfully kept in a
				 special account. The state controller is hereby authorized and directed to draw
				 his/her orders upon the general treasurer for payment out of such special account
				 of such sum or sums as may be required, from time to time, upon receipt of
				 properly authenticated vouchers.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.2 - Eligible Projects

Current through June 14, 2024
Loans may be made to all eligible applicants for the purposes
					 of constructing water supply or transmission facilities, purchase of land, pumps,
					 pipe, values, hydrants, etc. wherein those purchases are necessary to and become
					 a part of the applicants' proposal to increase its supply facilities, to provide
					 a public water supply to areas not presently served or for such other purpose as
					 the Water Resources Board may approve as necessary or desirable to the proper and
					 significant development and utilization of available water
					 resources.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.3 - Eligible Applicants

Current through June 14, 2024
Eligible applicants shall include municipalities, fire and/or
					 water districts, water authorities, other similar bodies politic having
					 jurisdiction over publicly owned water supply and/or water distribution systems
					 and corporate or noncorporate authorities which are public instrumentalities of
					 the state having as a purpose the establishment of water supply facilities, and
					 all of whom provide water service to domestic, commercial or industrial users
					 within the State of Rhode Island, where such authorized jurisdiction encompasses
					 a service area, which in the judgment of the Water Resources Board represents a
					 meaningful part of the need to develop the total water resources of the State of
					 Rhode Island.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.4 - Appropriate Authorization

Current through June 14, 2024
A. Applications for
				 loans must be:
1. Attested to by the applicant's
				 responsible executive officer or official.
2. Accompanied by a resolution of the
				 applicant's governing body officially authorizing execution of the loan
				 application; and,
3. Certified to by
				 the applicant's attorney that no litigation of any nature is now pending or
				 threatened (in either state or federal courts) restraining or enjoining the
				 applicant from executing the terms of the loan if approved.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.5 - Justification and Need

Current through June 14, 2024
All applicants shall be required to submit a work program, as
					 prescribed by the Water Resources Board, outlining and identifying the needs,
					 goals and operations necessary for the implementation of the desired project. The
					 work program shall identify not only the work activities to be financed through
					 the Water Development Fund but also those work activities undertaken specifically
					 in relation to the loan requested which are or may be financed by federal, state,
					 municipal or private resources. Said program shall include a specific listing of
					 all activities for which application for federal financing has been, is or shall
					 be made including a statement reflecting the reasonable probability of receiving
					 the same.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.6 - Financial Contribution of Applicant

Current through June 14, 2024
Unless otherwise deemed advisable in a specific instance by
					 the Water Resources Board, all applicants shall contribute not less than
					 twenty-five (25) percent of the specific project costs to which the monies
					 received under the Water Development Fund are to be applied. The applicant's
					 contribution may be made either in the form of cash or, upon further approval of
					 the Water Resources Board, in the form of cash equivalent services, equipment, or
					 other nonexpendable property owned by the applicant. Loans so granted may be
					 applied as the applicant's Nonfederal Contribution in seeking or receiving
					 federal grant-in-aid funds for the defined project.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.7 - Number and Frequency of Loan

Current through June 14, 2024
A. In order to
				 administer equitably the Water Development Fund to the benefit of all applicants
				 and unless otherwise deemed advisable in a specific instance by the Water
				 Resources Board, no applicant shall request more than one (1) loan commencing
				 from the date of the final acceptance of an application and until a period of two
				 (2) years has elapsed from the date of official discharge of the original
				 loan.
B. In the event an applicant
				 desires to make a significant modification in the work program which has
				 otherwise been approved by the Water Resources Board, the applicant shall submit
				 the proposed modification to the Water Resources Board for approval in the same
				 manner as required of the original application.
C. Supplemental loans so approved by the Water
				 Resources Board in connection with such a modification shall be considered a part
				 of the original loan.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.8 - Maximum Amount of Loan

Current through June 14, 2024
The Water Resources Board may, in its sole discretion,
					 establish loan ceilings dependent upon the need of an applicant as determined by
					 the Water Resources Board and the capacity of the Water Development Fund to
					 support such additional loans.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.9 - Terms of Loan

Current through June 14, 2024
A. Unless otherwise
				 deemed advisable in a specific instance by the Water Resources Board, the
				 duration of the loan shall extend over a four (4) year period commencing with the
				 date the loan actually becomes outstanding, and an interest rate of four (4) per
				 cent per annum shall be charged on the outstanding unpaid balance of the loan and
				 such loans are to be amortized to provide for repayment by the applicant to the
				 Water Development Fund according to the following schedule.
B. Repayment schedule:
1. On the second anniversary of the loan an
				 amount equal to one-half (1/2) of the principal amount of the loan, plus an
				 interest charge computed at four (4) per cent per annum on the principal
				 amount.
2. On the third anniversary,
				 a principal payment equal to one-half (1/2) of the outstanding balance, plus
				 interest at four (4) per cent per annum on the outstanding balance.
3. On the fourth anniversary, the final payment
				 of the balance outstanding, plus interest at four (4) per cent per annum on the
				 final payment due.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.10 - Termination or Suspension of Loan

Current through June 14, 2024
A. If an applicant,
				 in the sole discretion of the Water Resources Board, unduly delays in carrying
				 out any of the work program as approved by the Water Resources Board, or abandons
				 the work program activities in part or in whole, or for any reason the
				 commencement, prosecution, or timely completion by the applicant of any work
				 program activities are determined, in the sole discretion of the Water Resources
				 Board, not likely to be completed in a timely manner through mismanagement; or
				 misfeasance; or, malfeasance of the applicant or in violation of the applicable
				 local, State, or federal law, the Water Resources Board may, by written notice to
				 the applicant,
1. Suspend approval of the loan
				 application, until any violation is corrected or ceases to exist, and
2. Declare the applicant in default and demand
				 immediate repayment of the loan outstanding plus interest.
Rhode Island Code of Regulations › Title 490 - Water Resources Board › Chapter 00 - N/A › Subchapter 00 - N/A › Part 4 - Administrative Procedure: Water Development Fund › Section 490-RICR-00-00-4.11 - Use of Funds, Budget and Accounts

Current through June 14, 2024
A. All applicants
				 shall deposit all funds received from the Water Development Fund in a separate
				 account acceptable to the Water Resources Board and in accordance with such
				 written instructions as the Water Resources Board may from time to time
				 issue.
B. All applicants shall carry
				 out the work program activities, incur obligations and make disbursements in
				 connection with Water Development Funds only in conformity with the latest budget
				 approved by the Water Resources Board. This budget may be revised from time to
				 time, subject to the approval of the Water Resources Board.
C. All applicants shall establish separate
				 accounts for monies received from the Water Development Fund, in conformance with
				 uniform requirements as may be prescribed and required by the Water Resources
				 Board. Said accounts shall be maintained in accordance with the discretion of the
				 Water Resources Board, either within the applicant's existing accounting system
				 or otherwise independently thereof.
D. All applicants at such time and in such
				 forms as the Water Resources Board shall require, shall furnish to the Water
				 Resources Board such statements, records, other data, and information, and such
				 periodic reports as requested pertaining to the work program, the cost and
				 obligations incurred or to be incurred in connection therewith, as well as
				 information pertaining to all other matters relating to the application for the
				 loan.