reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.1 - Purpose

Current through June 14, 2024
To establish a Uniform Septage Disposal Fee to support the
					 Bays, Rivers and Watersheds Fund.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.2 - Legal Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to the
					 requirements and provisions of R.I. Gen. Laws Chapters 46-12.11 "Uniform
					 Septage Disposal Fee", 46-31 "The Rhode Island Bays, Rivers and Watersheds
					 Coordination Team", 42-17.1 "Environmental Management", and 42-35
					 "Administrative Procedures Act".
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.3 - 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 purpose
					 of the state laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.4 - Severability

Current through June 14, 2024
If any provisions of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected hereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.5 - Applicability

Current through June 14, 2024
These rules apply to the disposal of all septage in Rhode
					 Island including all septage disposal facility owners and operators and septage
					 transporters operating in Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.6 - Administrative Findings

Current through June 14, 2024
A. Discharges of
				  wastewater from wastewater treatment facilities, despite careful regulation and
				  monitoring, are known sources of pollution that affect the quality of the bays
				  and rivers of Rhode Island.
B.
				  Wastewater treatment facilities collect wastewater from users of sewer systems,
				  who pay fees for the utilization of the system, and from septage transporters,
				  who collect septage from users of onsite sewage disposal systems.
C. All persons or entities generating
				  pollutants that affect Rhode Island's bays, rivers and watersheds, including
				  those using onsite sewage disposal systems, should be required to contribute to
				  the costs of providing effective pollution control, mitigating environmental
				  degradation of ecosystems, restoring impaired ecosystems, and monitoring the
				  environment to characterize the impacts of the pollutant loadings, including
				  changes that may occur as the level of treatment is improved.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.7 - Definitions

Current through June 14, 2024
A. As used in these Rules, the following
				  terms, shall as the context permits, be construed as follows:
1. "Director" means the Director of
				  Department of Environmental Management.
2. "Disposal facility" means any wastewater
				  treatment facility, or portion thereof, or any other facility that receives
				  septage from septage transporters, pursuant to authorization by the Department
				  of Environmental Management.
3.
				  "Disposal facility operator" means the person responsible for operating an
				  approved Disposal Facility in the State of Rhode Island and who has authority
				  to charge fees for receipt of septage.
4. "Person" means an individual, trust, firm,
				  joint stock company, corporation (including a government corporation),
				  partnership, association, the federal government, or any agency or subdivision
				  thereof, a state, municipality, commission, political subdivision of the state,
				  or any interstate body.
5.
				  "Septage" means any solid, liquid or semi-solid removed from a septic tank,
				  cesspool, privy, domestic or other wastewater holding tank, including those
				  used in vehicles, or similar onsite sewage disposal system.
6. "Septage transporter" means any person
				  lawfully authorized to transport septage.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.8 - Uniform Septage Fee

Current through June 14, 2024
A. Fee System.
				  Effective April 1, 2008, the Director hereby establishes a system for assessing
				  a uniform septage disposal fee on all septage disposed of in Rhode Island. The
				  fee shall be assessed by the disposal facility operator upon all septage
				  transporters delivering septage to the disposal facility. Said fee shall not
				  apply to discharge from vehicles that are not licensed septage transporters,
				  such as recreational vehicles.
B.
				  Fee Amount. The uniform septage disposal fee shall be $1.00 for each 100
				  gallons of septage received at a disposal facility, or likewise $10.00 for
				  every 1,000 gallons of septage received at the disposal facility.
C. Identification of the Fee. Disposal
				  facility operators shall identify the uniform septage fee separately from all
				  other fees on any invoices or billing statements directed to septage
				  transporters. Septage transporters shall identify the uniform septage disposal
				  fee separately from all other fees on any invoice or billing statement directed
				  to those persons owning or operating property from which the septage is
				  collected.
D. Septage Volumes. The
				  fee shall be assessed and collected by the disposal facility operator on all
				  septage transporters delivering septage and shall be based on the volume of
				  septage delivered to the disposal facility. Volumes shall be determined by
				  using information such as the capacity of the vehicle used to transport
				  septage, professionally accepted flow metering methodologies or other means
				  acceptable to the Director.
E.
				  Schedule for Remittance of Fees. The fees collected by the disposal facility
				  operator shall be remitted four times per year to the RIDEM in accordance with
				  the following schedule in Table 1. The septage transporter shall be liable for
				  the fee until it has been paid to the state, except that payment to the
				  applicable disposal facility shall be sufficient to relieve the septage
				  transporter from further liability for the fee.
Table 1. Schedule for Remittance of
								Fees
Quarterly Period
Applicable Dates
Due Date for Remittance to DEM
1
July 1- September 30
December 1st of same
								year
2
October 1- December 31
March 1st of the
								following year
3
January 1 - March 31
June 1st of same
								year
4
April 1 - June 30
September 1st of same
								year
F.
				  Deposit of Fees. All fees collected pursuant these regulations shall be
				  deposited in the Bays, Rivers and Watersheds Fund as prescribed by section R.I.
				  Gen. Laws Chapter 46-12.11.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.9 - Payment of Fees

Current through June 14, 2024
A. Checks shall be
				  made payable to the "General Treasurer of Rhode Island".
B. Fees shall be remitted to the Rhode Island
				  Department of Environmental Management, Office of Management Services with
				  reporting forms provided by the Department.
C. Failure of the disposal facility to remit
				  fees which have been received in accordance with the required schedule shall be
				  considered a violation of these regulations and shall be subject to
				  administrative enforcement actions, and/or civil and/or criminal penalties
				  pursuant to R.I. Gen. Laws Chapters 46-12, 46-17.1 and 42-17.6.
D. Failure of the septage transporter to pay
				  fees to the disposal facility in a timely manner shall constitute a violation
				  of these regulations and the septage transporter shall be subject to
				  administrative enforcement actions, and/or civil and/or criminal penalties
				  pursuant to R.I. Gen. Laws Chapters 46-12, 46-17.1 and 42-17.6.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 6 - Rules and Regulations Governing the Establishment of a Uniform Septage Disposal Fee (250-RICR-150-20-6) › Section 250-RICR-150-20-6.10 - Accessibility and Retention of Records

Current through June 14, 2024
A. Fiscal Records.
				  The disposal facility shall account for and maintain fiscal records relating to
				  the collection of the uniform septage fee in a manner that segregates the fees
				  from other revenues or funds. The disposal facility shall at a minimum maintain
				  records that identify the septage transporter or person delivering septage, the
				  date and volume of each delivery, acceptance of septage for disposal, fee
				  amounts and proof of payment of such fees.
B. Access to Records. Upon request, the
				  disposal facility shall make accessible fiscal records related to the uniform
				  disposal fee to the State of Rhode Island or its agents for the purpose of
				  auditing, monitoring or evaluating fee collection procedures.
C. Retention of Records. Records pertaining
				  to activities performed will be retained for audit purposes for a period of
				  seven (7) years following the date of final payment for the
				  agreement.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.1 - Authority and Purpose

Current through June 14, 2024
A. Statutory Basis.
				  These Regulations are adopted pursuant to R.I. Gen. Laws Chapters 20-1,
				  42-17.1, 46-12, and 42-35.
B.
				  Purpose. These Regulations are intended to:
1.
				  Assure the protection of public health, safety, and welfare as well as improve
				  water quality and the fish and wildlife of the State; and,
2. Establish a means by which the Department
				  of Environmental Management may administer to qualified marina owner/operators
				  partial funding in the form of grants for the purpose of the construction,
				  renovation, operation, and maintenance of marine pumpout and dump stations
				  designed to service Type III marine sanitation devices installed on
				  recreational vessels.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.3 - Allocation Between Projects

Current through June 14, 2024
A. Construction of
				  New Pumpout Facilities and Dump Stations. In the awarding of grants, priority
				  will be given to the funding of projects which provide for construction,
				  operation, and maintenance of new marine pumpout facilities and dump stations
				  in waterbodies identified as having unmet needs for such facilities in Harbor
				  Management Plans approved by CRMC pursuant to §650-RIC R-20-
				  00-1.3.1(O).
B.
				  Renovation/Expansion of Existing Pumpout Stations. Second
				  (2nd) priority will be given to funding projects
				  which expand the capacity of existing marine pumpout facilities and dump
				  stations located on water bodies identified as having unmet needs for such
				  facilities in Harbor Management Plans approved by CRMC pursuant to
				  §650-RIC R- 20-00-1.3.1(O).
C.
				  Operating and Maintenance Subsidies. Third (3rd)
				  priority will be given to the funding of projects which support the cost of
				  operating and maintaining existing marine pumpout facilities or dump stations
				  which comply with the eligibility requirements of this program, are operating
				  at a net loss, and are located on waterbodies identified as having unmet needs
				  for such facilities in Harbor Management Plans approved by CRMC pursuant to
				  §650-RIC R- 20-00-1.3.1(O).
D.
				  All Other Eligible Projects. Fourth (4th) priority
				  will be given to projects which are otherwise eligible, but which are located
				  in waterbodies already serviced by at least the minimum number of necessary
				  pumpout facilities and dump stations as identified in Harbor Management Plans
				  approved by CRMC pursuant to §650- RI CR- 20-00-1.3.1(O).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.4 - Allocation of Funds

Current through June 14, 2024
A. Maximum Grant
				  Award. The maximum amount that may be awarded for any single project shall not
				  exceed seventy-five percent (75%) of the total costs of a project or the
				  maximum grant amount specified annually in the Department's published request
				  for proposals (RFP) document. The Director may, however, at his/her sole
				  discretion, award additional sums, not to exceed seventy-five percent (75%) of
				  total approved project costs, where so doing is required to affect the purposes
				  of these Regulations as set forth in §
										7.1(B) of
				  this Part.
B. Allocation by
				  Selection Round. The maximum amount of grant funds available to support annual
				  grant rounds will be determined based on the amount of funds awarded to the
				  Department of Environmental Management by the U.S. Fish and Wildlife Service
				  for the purposes set forth in §
										7.1(B) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.5 - Application Procedures

Current through June 14, 2024
A. Forms and
				  Instructions. Applications for grants shall be submitted to the Office on forms
				  approved by it. These shall be available upon request from the Office at 235
				  Promenade Street, Providence, RI 02908, or at the Department's website at
www.dem.ri.gov
.
B. Filing. Applications must be filed with
				  and received by the Office within the prescribed period for each selection
				  round.
C. Recording. Applications
				  will be accepted by the Office any business day between 8:30 A.M. and 4:00
				  P.M., up to the filing deadline, and shall be date and time stamped upon
				  receipt. Applications may be hand delivered or mailed, and will be deemed filed
				  on the date received and time stamped.
D. Filing Deadline. The Director shall set a
				  filing deadline for receipt of applications for each selection round.
				  Applications received after the filing deadline will not be considered for
				  funding during that round and will be returned to the applicant without
				  prejudice. Such applications may be resubmitted during a subsequent selection
				  round.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.6 - Eligibility

Current through June 14, 2024
A. Eligible Projects and Costs. The following
				  projects and costs are eligible for funding pursuant to these Regulations:
1. The engineering design, construction,
				  renovation, operation, and maintenance of marine pumpout stations and/or dump
				  stations, which are open to all members of the recreational boating public on a
				  non-discriminatory and equal basis.
2. Equipment and materials necessary to hold
				  sewage collected at pumpout and dump stations and/or employed to connect such
				  stations to the nearest sewers, including holding tanks, pumps, and piping,
				  provided that when ineligible facilities such as restrooms or showers are
				  serviced by the same holding tanks or sewer connections only that
pro
				  rata
share of capacity required by the pumpout or dump station is
				  eligible for funding.
3. Equipment
				  necessary to allow public sewage treatment plants to accept such sewage, except
				  for bleed-in facilities.
4. For
				  approved projects only, the cost of preparing plans and/or obtaining required
				  regulatory permits, including permit fees, for any of the above.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.7 - Application Review and Grant Award Criteria

Current through June 14, 2024
A. Review. The
				  staff of the Office of Water Resources will review applications and may return
				  or disqualify those that are incomplete or which fail to meet eligibility
				  criteria set forth in these Regulations.
B. Criteria. The Department shall have an
				  awards advisory committee to review all completed applications. The committee
				  shall review all complete applications according to the following criteria:
1. Is the proposed facility located in a
				  waterbody identified as requiring additional pumpout capacity in a Harbor
				  Management Plan approved by CRMC pursuant to §650-RIC R- 20-00-1.3.1(O)
				  ?
2. Have the projected pumpout
				  needs of that waterbody as identified in a Harbor Management Plan approved by
				  CRMC pursuant to §650-RIC R- 20-00-1.3.1(O) already been met? In other
				  words, are a sufficient number of pumpouts already in place?
3. Is the application for a new
				  facility?
4. Is the application for
				  renovating an existing facility?
5.
				  Is the application for a pumpout?
6. Is the application for a dump
				  station?
7. Is the application for
				  operating and maintenance funding only?
8. In situations where a direct connection to
				  a sewer line is possible, is it proposed?
9. Are facility components, particularly
				  those which could limit capacity such as pumps and holding tanks, large enough
				  to accommodate projected demand (based on industry standards and
				  norms)?
10. Has a safe, reliable
				  and sanitary means of collecting, storing, and transporting waste been
				  identified?
11. Is the proposed
				  facility conveniently located relative to concentrations of recreational
				  vessels?
12. Is channel access,
				  maneuvering room, and water depth sufficient to accommodate the maximum range
				  of vessel size and draft?
13. Are
				  proposed days and hours of operation sufficient and convenient? Will the
				  facility be available during a substantial portion of the normal boating
				  season?
14. Does the project
				  incorporate unnecessary or ineligible components or frills?
15. Will the facility be available on a fair
				  and equitable basis to all members of the recreational boating
				  public?
16. Have necessary permits
				  been obtained?
17. Will significant
				  numbers of recreational fishermen be accommodated?
18. Have adequate and appropriate operating
				  and maintenance procedures been identified?
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.8 - Grant Award Procedures

Current through June 14, 2024
A. Final
				  Determination. The Awards Advisory Committee shall forward its recommendations
				  to the Director, who may reject, adopt or adopt with modifications the
				  committee's recommendation.
B.
				  Adjustments. The Director, with the advice of the Committee, shall have the
				  authority to adjust grant awards so that no one community, waterbody, or marina
				  receives a disproportionate amount of the funds available and so that a
				  reasonable geographic distribution of funds is achieved.
C. Grant Award Agreement. The Notice of Award
				  shall be by registered mail, return receipt, and shall be accompanied by a
				  Grant Award Agreement which will set forth grant terms, schedules and
				  conditions consistent with these Regulations. The Grant Award Agreement shall
				  be signed by the applicant before a notary and shall be a binding legal
				  contract, enforceable at law.
D.
				  Engineering and Design. Upon receipt by the Office of the signed Grant Award
				  Agreement, the applicant may retain engineering or design services which will
				  be reimbursed as provided for in the Grant Award Agreement.
E. Final Design. Prior to ordering or
				  purchasing equipment or contracting for construction services, the applicant
				  must submit and the Office must approve construction-ready design drawings,
				  detailed equipment specifications, projected costs for all project components,
				  and copies of all required permits. Cost projections must have been obtained in
				  accordance with the procurement procedures that are described in §
										7.9(I) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.9 - Grant Terms and Conditions

Current through June 14, 2024
A. Project Period
1. The beginning date of a project will
				  normally be the date of approval by the Director. The Grant Award Agreement
				  will specify the date by which the construction phase of the project must be
				  completed. The operations phase of the project shall expire ten (10) years
				  after the date on which construction is completed with the exception of pumpout
				  vessel hulls, for which the operations phase shall be twenty-five (25) years or
				  as determined by the Department.
2.
				  The grantee's obligations during the project period shall be binding upon
				  subsequent owners, devisees and/or transferees until the project period
				  expires.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.10 - Reimbursements Procedures

Current through June 14, 2024
A. Reimbursements.
				  Grant awards will be paid out on a reimbursable installment as opposed to up
				  front or lump sum basis. One hundred percent (100%) of the cost of any eligible
				  project expenditure must have been paid out and documented by the grantee prior
				  to submitting a request for reimbursement of seventy-five percent (75%) of
				  those costs.
B. Reimbursement Rate.
				  Reimbursement will be at the rate of seventy-five percent (75%) of actual
				  documented cost, or estimated cost as identified in the approved project
				  description (§
										7.8(E) of
				  this Part), whichever is less.
C.
				  Cost Overruns. Reimbursements in excess of estimated costs will only be
				  processed where a compelling reason for the cost overrun can be shown to exist,
				  and then, only with the prior approval of the Office.
D. Documentation. Documentation of
				  expenditures for reimbursement purposes includes invoices marked as "Paid In
				  Full" and signed by an authorized representative of the vendor, and/or copies
				  of cancelled checks attached to the invoice which they paid, payroll records,
				  and the like. Unpaid bills may not be submitted for direct reimbursement to
				  either vendor or grantee.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.11 - Disclaimer

Current through June 14, 2024
A. Ownership. By awarding grants under these
				  Regulations neither the State of Rhode Island, nor the Office of Water
				  Resources assumes any ownership interest in a marina, its equipment or
				  facilities.
B. Liability.
				  Similarly, neither the State nor the Office assume any liability, expressed or
				  implied, for property damage, injury, or death caused by or incidental to the
				  construction, operation, maintenance and/or use of any facility or equipment
				  built or purchased with the assistance of grant funds.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.12 - Education and Information

Current through June 14, 2024
A. The Department,
				  through its various Offices, will initiate all necessary and appropriate
				  measures to educate and inform marine operators as to the benefits of
				  installing marine pumpouts and dump stations, and as to the proper procedures
				  for operating and maintaining such facilities.
B. The Department will similarly educate and
				  inform members of the recreational boating public of the availability of marine
				  pumpouts and dump stations and the benefits of using such facilities on a
				  regular basis.
C. The Department
				  will cooperate with and to the maximum extent possible, coordinate its
				  education and information efforts and programs with recreational boating,
				  environmental, and marina operator groups and organizations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 7 - Rules and Regulations for RI Clean Vessel Act Pumpout Grant Program › Section 250-RICR-150-20-7.13 - Severability

Current through June 14, 2024
If any section, paragraph, phrase, sentence, or clause of
					 these rules and regulations is declared invalid or unconstitutional for any
					 reason, the remainder of the rules shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.1 - Purpose

Current through June 14, 2024
The purpose of these regulations is to create a Climate
					 Resilience Fund to receive, hold and administer the use of the $5,000,000
					 portion of the '2018 RI Green Economy and Clean Water Bond' and any future bond
					 allocations earmarked for the same purposes. The funds will provide grants to
					 Governmental and Non-profit entities for restoring and improving the climate
					 resilience of vulnerable coastal habitats, as well as river and stream
					 floodplains with specific priority to projects that improve community
					 resilience and public safety. These funds will be used to enhance environmental
					 sustainability and resilience across communities.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 authority provided by R.l. Gen. Laws Chapters 42-6.2 and
					 42-17.1.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.3 - Administrative Findings

Current through June 14, 2024
Climate resilience projects shall be subject to all
					 applicable state and federal permitting requirements. This Fund is meant to
					 provide funding assistance for design, construction and implementation of
					 climate resilience projects and associated work at the discretion of the Review
					 Committee.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.5 - Notification of Available Funds

Current through June 14, 2024
A. Availability of
				  Funds
1. The Director shall publicly announce
				  via Request for Proposals the availability of all funds under the Climate
				  Resilience Fund. During each announcement of availability of funds, the
				  Director may allocate portions of the available funding for either Governmental
				  or Non-Profit Entities in the Climate Resilience Fund.
2. The funds will be available to eligible
				  applicants in the form of grants of up to seventy-five percent (75%) of
				  eligible costs. Applicants must be able to match at least twenty-five percent
				  (25%) of eligible costs. At the Director's discretion, a grant for less than
				  seventy-five percent (75%) of eligible costs may be awarded based on site or
				  project characteristics per the grant agreement.
3. The announcement of the availability of
				  funds issued per this rule shall include the weighting of the evaluation
				  criteria listed in §
											1.8(A) of
				  this Part for the round of grants being offered.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.6 - Application Requirements

Current through June 14, 2024
A. Applications
				  shall be submitted to the Department 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 the
				  Department via: R.I. 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 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.7 - Project Categories and Eligible Costs

Current through June 14, 2024
A. Proposed climate
				  resilience projects must demonstrate that a project conducts on-the-ground
				  implementation, not solely research or planning. Climate resilience projects
				  shall be designed to demonstrate tangible, on-the ground solutions to climate
				  driven challenges facing RI communities, both inland and coastal.
1. Applications for funds to support
				  resilience planning processes will not be considered. Necessary resilience
				  planning processes that have identified possible resilience projects should be
				  completed before the project start date. However, projects that have a minor
				  amount of planning remaining that is needed to inform final siting or design of
				  climate resilience projects may be considered.
2. Climate resilience projects that involve
				  the acquisition of land shall be considered so long as the acquisition is
				  deemed part (50 percent or less) of the overall cost of the project. Projects
				  focused solely on land acquisition will not be considered.
3. Climate resilience projects whose primary
				  purpose is to undertake scientific research, data analyses or vulnerability
				  assessments will not be considered. However, funds can be utilized for data
				  collection as part of monitoring activities to track progress and determine the
				  effectiveness of the implemented climate resilience project.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.8 - Application Review and Selection

Current through June 14, 2024
1.8.1
Application Review
A. The
				  Director shall establish a Review Committee to review the completed
				  applications. The Committee, appointed by the Director, may include the
				  following members: the Executive Director of the Coastal Resources Management
				  Council (CRMC), or his or her designee, the state's Chief Resilience Officer,
				  and at least one representative from DEM. Additional members may include a
				  representative from NOAA or other federal agencies involved in habitat and
				  community resiliency. 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 §§
												1.6 and
				  1.7 of this Part.
2. Projects accepted by the Department as
				  complete and consistent with these regulations will be ranked in a manner
				  specified in the announced Request for Proposals based upon the following
				  criteria, which shall be applied so as to promote the goals and requirements of
				  these Regulations.
a. The extent to which the
				  project addresses climate change impacts, improves ecosystems and community
				  resilience, and is aligned with the goals set forth in §
													1.7(B)(3) 
				  of this Part;
b. Readiness and
				  timeliness to proceed;
c. The
				  extent to which the project addresses equity in overburdened
				  communities;
d. Ability of the
				  project to improve the resilience of state and local infrastructure;
e. The beneficial environmental impact to the
				  land, waters, fish and wildlife, and people of the State;
f. Ability of the applicant to perform
				  required/necessary long-term maintenance where applicable;
g. The extent to which the project helps
				  improve and maintain continued public access to natural resources;
h. The total estimated costs, and cost
				  effectiveness, of the project;
i.
				  Ability of applicant to complete the project, including financial solvency,
				  past experience of similar projects and likelihood of success; and
j. The public benefits derived from the
				  project.
3. 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 shall be made in writing within
				  thirty (30) days of the relevant grant announcement and shall be accommodated
				  within ninety (90) days of the request.
4. 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 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 1 - Rules and Regulations for the Climate Resilience Fund › Section 250-RICR-170-05-1.9 - 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,
				  letters from city/town councils, or other pre-approved proof of matching funds.
				  Recipients are hereby allowed to ask for an extension beyond ninety (90) days
				  to provide proof of the necessary Grant match.
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 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.1 - Purpose

Current through June 14, 2024
The purpose of these regulations is to create a Wastewater
					 Treatment Facility Resilience Fund to receive, hold, and administer the use of
					 the $5,000,000 portion of the '2018 RI Green Economy and Clean Water Bond'
					 allotted for wastewater treatment facility resiliency improvements at municipal
					 or other government owned facilities vulnerable to increased flooding, major
					 storm events, and environmental degradation, as well as any future bond
					 allocations and State or Federal appropriations earmarked for similar and
					 related purposes.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to the
					 authority provided by R.I. Gen. Laws Chapters 42-6.2 and
					 42-17.1.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.3 - Administrative Findings

Current through June 14, 2024
Wastewater treatment facility climate resilience projects
					 shall be subject to all applicable state and federal permitting requirements.
					 This Fund is meant to provide funding assistance for design, construction, and
					 implementation of approved climate resilience projects and associated work at
					 the discretion of the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.5 - Fund Established

Current through June 14, 2024
There is hereby established a fund entitled the "Wastewater
					 Treatment Facility Resilience Fund" ("Fund"). The Fund is capitalized by
					 $5,000,000 from the 2018 Green Economy and Clean Water Bond Bond for the
					 designated use of "wastewater treatment facility resiliency improvements for
					 facilities vulnerable to increased flooding, major storm events and
					 environmental degradation." The Fund can be further capitalized through, but
					 not limited to, future State and Federal appropriations, and voter-approved
					 bond referendums.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.6 - Sub-Fund Establishment

Current through June 14, 2024
A. The Fund is
				  hereby allocated into two (2) sub-funds: The Wastewater Treatment Facility
				  Resilience Fund Small Projects Sub-Fund and the Wastewater Treatment Facility
				  Resilience Fund Large Projects Sub-Fund. The monies allocated to each sub-fund
				  will be done at the discretion of the Director and will be available to
				  eligible applicants in the form of grants of up to fifty percent (50%) of
				  eligible costs. Applicants must be able to match at least fifty percent (50%)
				  of eligible costs.
B. Wastewater
				  Treatment Facilities Resilience Fund Small Projects Sub-Fund
1. The monies allocated to the Wastewater
				  Treatment Facility Resilience Fund Small Projects Sub-Fund shall be available
				  for construction projects proposed by governmental entities involving the
				  following categories:
a. Hardening-Includes,
				  but not limited to, protection from the effects of flooding or other natural
				  hazards by constructing walls, dikes, etc.; or waterproofing equipment by
				  installing submersible pumps, water resistant electrical enclosures, general
				  waterproofing; or installing floodproof doors/windows; or temporary flood
				  barriers; or other projects that would offer protection from hazards related to
				  climate change.
b.
				  Relocating-Includes, but not limited to, reducing the risk of flooding or other
				  natural hazards by elevating equipment or relocating systems or equipment to
				  higher points on or off site.
c.
				  Repairability/Replaceability-Includes, but not limited to, improving
				  operational resiliency through the construction of new or physically enhancing
				  existing systems for faster replaceability or repair in the event of damage
				  caused by flooding or other natural hazards.
d. Redundancy-Includes, but not limited to,
				  maintaining the ability to maintain forward flow and treatment through the
				  construction of multiple or backup systems.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.7 - Notification of Available Funds

Current through June 14, 2024
A. Availability of
				  Funds - The Director shall announce via Request for Proposals the availability
				  of all funds under the Wastewater Treatment Facility Resilience Fund. During
				  each announcement of availability of funds, the Director may allocate portions
				  of the available funding to sub-funds identified in §
										2.6 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 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.8 - Application Requirements

Current through June 14, 2024
A. Applications
				  shall be submitted to the Department on a template 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
				  Department via: R.I. Department of Environmental Management, Office of Water
				  Resources, 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 170 - Resilience and Climate Change › Subchapter 05 - Financial Assistance › Part 2 - Rules and Regulations for the Wastewater Treatment Facility Resiliency Fund › Section 250-RICR-170-05-2.9 - Project Categories and Eligible Costs

Current through June 14, 2024
A. Proposed
				  wastewater treatment facility climate resilience projects must be related to
				  the categories in §§
										2.6(B) and
				  (C) of this Part. While minor and related
				  engineering costs necessary for construction/hardening may be considered as
				  part of the costs of the proposed project, research or planning for future work
				  will not be considered. Climate resilience projects shall be designed to
				  demonstrate tangible, physical solutions to climate-driven challenges facing
				  Rhode Island wastewater infrastructure, both inland and coastal.
B. Climate resilience projects should show a
				  clear nexus between climate change impacts being experienced, or
				  expected/projected, in Rhode Island wastewater infrastructure and the proposed
				  resilience actions and outcomes.
C.
				  Climate resilience projects whose primary purpose is to undertake scientific
				  research, data analyses, or vulnerability assessments will not be
				  considered.
D. Specifically, the
				  following types of costs are eligible to receive grant monies from the Fund
				  pursuant to these regulations:
1. Engineering
				  consulting necessary to proceed with project construction/installation,
				  etc.;
2. Construction
3. Materials