Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 6 - Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems › Section 250-RICR-150-10-6.18 - OWTS Applications

Current through June 14, 2024
A. Applicant's
				  Responsibilities - The applicant shall be responsible for providing all
				  information required by these Rules in a complete, accurate, clear and legible
				  manner. The applicant for an OWTS must be the owner or owners of the property
				  or easement that is the subject of the application, or it must be the person
				  who holds a valid purchase and sales agreement for said property.
B. Designer's Responsibility - Class I, II
				  and III Licensed Designers shall design an OWTS for a site that is in
				  compliance with these Rules. The design shall be based on the information
				  provided in the soil evaluation report. This design shall be submitted to the
				  Director in accordance with §§
										6.18 and
				  6.19 of this
				  Part.
C. Local Ordinances - It is
				  the applicant's responsibility to ensure that the OWTS application to the
				  Department is in compliance with local ordinances regarding the location,
				  design, construction and maintenance of an OWTS prior to submission to the
				  Department. City or Town Councils may petition the Department to require
				  municipal review for compliance with local ordinances prior to DEM initiating
				  its review. The petition must state the local standard(s), as embodied in local
				  ordinance, that is more stringent than the standard(s) in these Rules and the
				  municipal official responsible for local review. In municipalities where the
				  petition has been approved, applicants must submit documentation to DEM on
				  forms approved by DEM that the municipality has certified that the application
				  is in compliance with all local ordinances.
D. OWTS Suitability Determination - An OWTS
				  Suitability Determination is a determination as to whether or not an existing
				  OWTS is suitable for a proposed building construction, renovation or change of
				  use so as to protect public health and the environment. For OWTS with no
				  available records, a Class II or Class III Licensed Designer may prepare an
				  engineering analysis that must show the OWTS complies with current Rules. An
				  OWTS Suitability Determination Application may be submitted to the Department
				  in order to determine the applicability of this Rule. OWTS suitability is
				  determined by the following:
1. Excluding
				  holding tanks, for OWTSs where all components have been installed with State
				  approval on or after April 9, 1968:
a. The
				  OWTS is suitable and no application to the Department is necessary for any
				  building construction, renovation or change in use, that, for residential uses,
				  does not result in an increase in the number of bedrooms in a residential
				  structure beyond the number in the original State approval; or, for all other
				  uses, an increase in the wastewater flow greater than the OWTS approved design
				  flow for any OWTS. However, the OWTS is unsuitable and an OWTS Application for
				  New Building Construction or an OWTS Application for Alteration to a Structure,
				  whichever is applicable, must be submitted when any of the following in
				  §§
												6.18(D)(1)(a)
				   ((1)) through ((3)) of this Part apply, even
				  if there is no increase in number of bedrooms or increase in flow:
(1) Whenever the proposed construction or
				  renovation changes the structure's footprint such that the OWTS is not in
				  compliance with these Rules;
(2) If
				  the proposed change of use is from a facility that does not prepare food to a
				  restaurant or other facility that prepares food; or
(3) For a change in use, if the OWTS for the
				  new use meets the definition of a large OWTS pursuant to §
													6.39(A) of
				  this Part.