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-150-05-1.11 - Effect of Activities on Water Quality Standards

Current through June 14, 2024
A.
				  Activities Shall Not Violate Water Quality Standards - No person shall
				  discharge pollutants into any waters of the State or perform any activities
				  alone or in combination which the Director determines will likely result in the
				  violation of any State water quality criterion or interfere with one or more of
				  the existing or designated uses assigned to the receiving waters or to
				  downstream waters in accordance with §§
										1.9,
				  1.10, and
				  1.20 of this Part. In
				  addition, Best Management Practices, as determined by the Director, shall be
				  used to control erosion, sedimentation and runoff in accordance with §
										1.17 of this
				  Part.
B. Activities Shall Not
				  Further Degrade Low Quality Waters - No person shall discharge pollutants into
				  any waters of the State, or perform any activities alone or in combination
				  which the Director determines will likely result in the additional degradation
				  of water quality of the receiving waters or downstream waters which are already
				  below the water quality standard assigned to such waters.
C. Activities Shall Not Violate
				  Antidegradation - No person shall discharge pollutants into any waters of the
				  State, or perform any activities alone or in combination which the Director
				  determines will likely result in a violation of the Antidegradation provisions
				  of these regulations (§
										1.20 of this
				  Part).
D. Mixing Zone - Due to
				  discharges to surface waters, the Director may recognize, where appropriate, a
				  limited mixing zone on a case-by-case basis. In no case may a mixing zone cause
				  a loss of, or impair, any existing or designated use.
E. Restrictions to New Discharges - New
				  discharges into Class AA, A or SA waters (refer to §
										1.25 of this Part) or into
				  waters designated Class B, C, SB or SC which have attained the Class A or SA
				  standard shall be allowed, provided the discharge will not impair existing uses
				  nor attainment of designated uses and all other provisions of these regulations
				  are complied with including all required approvals, and it complies with the
				  following restrictions:
1. New discharges
				  into the terminal reservoir of a, public drinking water supply shall be
				  prohibited with the exception of discharges of stormwater drainage. New
				  discharges into all other waters of the public drinking water supply shall be
				  prohibited with the exception of the types listed in §§
											1.11(E)(2)(a) through
				  (f) of this Part. Notification will be made
				  to the affected public drinking water supplier and the Department of Health of
				  a proposed new discharge to a public drinking water supply which is under
				  review by this Department in accordance with these regulations.
2. New discharges into waters that are not
				  public drinking water supplies may include:
a. discharges of stormwater
				  drainage;
b. discharges from
				  industrial non-contact cooling water;
c. discharges from construction site
				  dewatering provided that the applicant has demonstrated to the satisfaction of
				  the Director that no reasonable alternatives exist;
d. discharges from groundwater remediation
				  projects provided that the applicant has demonstrated to the satisfaction of
				  the Director that no reasonable alternatives exist;
e. discharges from aquaculture facilities as
				  appropriately authorized by all required state agencies;
f. discharges from water main maintenance
				  such as main flushing and cleaning operations;
g. discharges of dredged material;
h. discharges from farming activities into
				  surface waters which are hydrographically disconnected from all other surface
				  waters;
i. placement of suitable
				  solid materials in appropriate amounts for the purpose of the formation of an
				  artificial reef as approved by the Director;
j. discharges from aquatic research related
				  activities provided that the applicant has demonstrated to the satisfaction of
				  the Director that no reasonable alternatives exist;
k. discharges from desalination facilities
				  into seawaters; and
l. other new
				  discharges provided the applicant demonstrates to the satisfaction of the
				  Director that:
(1) the discharge serves a
				  compelling public purpose which provides benefits to the public as a whole as
				  opposed to individual or private interests;
(2) there is no reasonable alternative means
				  of, or location for, serving the compelling public purpose cited; and
(3) the discharge will not impair existing
				  uses nor attainment of designated uses.