reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.10 - Modification of Groundwater Classification

Current through June 14, 2024
A. Application for
				  Modification of Groundwater Classification: Any person may apply to the
				  Director to modify the classification assigned to particular groundwaters of
				  the state. The applicant for groundwater reclassification shall submit to the
				  Department a narrative explaining the need and justification for a
				  reclassification, a detailed site plan, groundwater flow direction, groundwater
				  quality data, the area to be reclassified and shall prove by clear, convincing
				  and scientifically valid evidence that a reclassification is consistent with
				  §§
										3.10(C) through
				  (F) of this Part.
B. Reclassification Considerations: In
				  evaluating a reclassification petition in accordance with §§
										3.10(C) through
				  (F) of this Part, the Director shall consider
				  the factors below, in addition to other relevant information, provided by the
				  facility owner or operator for the location in question:
1. Actual or potential threats to public
				  health or the environment;
2.
				  Surrounding groundwater and surface water quality;
3. Surrounding groundwater and surface water
				  quality standards;
4. Current and
				  potential future uses of surrounding property, groundwater, and surface
				  water;
5. Local and regional
				  groundwater flow direction; and
6.
				  Feasibility of groundwater remediation to a quality consistent with the
				  standards in §
											3.11 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.13 - Notification to DEM of Violations of Preventive Action Limits and Groundwater Quality Standards

Current through June 14, 2024
A. Exemptions from
				  Notification Requirements:
1. Persons subject
				  to the notification and reporting requirements of other state or federal rules
				  are exempt from the provisions of §
											3.13 of this
				  Part.
2. Owners of property served
				  by private wells used exclusively for residential purposes are exempt from the
				  provisions of §
											3.13 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.14 - Facility Owner or Operator Responses to Violations of Preventive Action Limits and Groundwater Quality Standards

Current through June 14, 2024
A. When a
				  preventive action limit has not been met in the monitoring of discharges
				  approved by the Director, the facility owner and operator are responsible for
				  taking actions, which shall be subject to the approval of the Director, to meet
				  the following objectives at the point of compliance:
1. Minimize the concentration of the
				  pollutant in the groundwater where technically and economically
				  feasible;
2. Regain and maintain
				  compliance with the preventive action limit, unless the Director determines
				  that it is not technically or economically feasible to attain the preventive
				  action limit concentration, in which case the owner or operator shall achieve
				  compliance with the lowest possible concentration that is technically and
				  economically feasible; and
3.
				  Ensure that the groundwater quality standard is met at any point of
				  compliance.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.15 - Groundwater Remediation

Current through June 14, 2024
A. The requirements
				  below are for facility owners or operators not subject to other Department
				  regulations or federal laws and regulations that require groundwater
				  remediation.
B. Groundwater
				  Remediation Objectives: When groundwater remediation is required by the
				  Director, the facility owner and operator are jointly and severally responsible
				  for designing and implementing efforts to remediate the groundwater to achieve
				  pollutant concentrations established by the Director. Groundwater remediation
				  activities shall be designed to meet the following objectives:
1. Protect public health and the
				  environment;
2. Ensure compliance
				  with the groundwater quality standards for the classification assigned to the
				  groundwater of concern;
3.
				  Eliminate or contain the source of groundwater pollution and minimize the
				  impacted area;
4. Achieve pollutant
				  concentrations that are consistent with proposed and anticipated future uses of
				  the site;
5. Prevent an adverse
				  impact on surrounding uses of property, groundwater and surface
				  water;
6. Prevent the violation of
				  surrounding groundwater quality standards; and
7. Prevent the groundwater at the remediation
				  site from causing a violation of the surface water quality standards
				  established by the Rhode Island Water Quality Regulations, Part 1 of this
				  Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.17 - Variances

Current through June 14, 2024
A. Variance Requests: A facility owner or
				  operator may submit a written request to the Director for a variance from any
				  of the provisions of these Rules. Such request for a variance shall include at
				  a minimum:
1. Name and address of the facility
				  owner or operator, and the name and location of the facility for which the
				  owner or operator seeks a variance;
2. A list of the names and addresses of the
				  owners and tenants of all properties that abut the facility;
3. Identification of the specific Rule or
				  Rules from which a variance is requested;
4. A statement of the reasons for which the
				  facility owner or operator seeks a variance. This statement shall specify the
				  reasons that the facility owner or operator is unable to comply with these
				  Rules, why a variance is necessary, and the reasons why a hardship is alleged.
				  The person seeking the variance should separately and by number list each
				  reason and any other mitigating factors he believes the Director should
				  consider; and
5. An explanation
				  that the alternative procedures requested are substantially equivalent to the
				  Rules herein in achieving protection of the public health and the
				  environment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.18 - Enforcement

Current through June 14, 2024
A. Where the Director has reason to believe
				  that a violation of any part of the Rules herein has occurred, the Director may
				  issue a notice of violation or immediate compliance order pursuant to R.I. Gen.
				  Laws Chapter 42-17.1.
B. For
				  violations that are of a continuing nature, each and every day that the
				  violation exists shall constitute a separate and distinct violation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.19 - Appeals

Current through June 14, 2024
Any person affected by a decision of the Director pursuant
					 to these Rules may, in accordance with the Rhode Island Rules and Regulations
					 for the Administrative Adjudication Division Part 10-00-1 of this Title, file a
					 claim for an adjudicatory hearing to review the decision. All appeals shall be
					 in writing and shall be filed with and received by the Department's
					 Administrative Adjudication Division within thirty (30) days after the
					 effective date of the denial of the subject application. The party appealing a
					 Department decision bears the burden of proving that their application complies
					 with all requirements of the Rules herein.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.20 - Superseded Regulations

Current through June 14, 2024
On the effective date of these Rules, all previous Rules
					 and Regulations, and any policies regarding the administration and enforcement
					 of the Groundwater Protection Act (R.I. Gen. Laws Chapter 46-13.1) shall be
					 superseded. However, any enforcement action taken by, or application submitted
					 to, the Department prior to the effective date of these rules shall be governed
					 by the Rules and Regulations in effect at the time the enforcement action was
					 taken, or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.21 - Penalties

Current through June 14, 2024
Penalties will be assessed in accordance with the Rhode
					 Island Rules and Regulations for Assessment of Administrative Penalties Part
					 130-00-1 of this Title, for any violation of these rules.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 3 - Groundwater Quality Rules › Section 250-RICR-150-05-3.22 - Construction Standards for Monitoring Wells and Abandonment Procedures for Private Drinking Water Wells, Monitoring Wells, Piezometers and Other Subsurface Borings

Current through June 14, 2024
A. Purpose: Provide
				  minimum standards for the construction of monitoring wells for the procurement
				  of samples representative of groundwater and abandonment procedures for private
				  drinking water wells, monitoring wells, piezometers and other subsurface
				  borings.
B. Applicability:
1. The construction standards apply to
				  monitoring wells installed pursuant to these rules. The construction standards
				  shall not apply to drinking water wells or other subsurface borings that are
				  used for purposes other than monitoring groundwater quality.
2. The abandonment procedures apply to
				  private drinking water wells, monitoring wells, piezometers and other
				  subsurface borings that intersect the seasonal water table at some time of the
				  year.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.1 - Purpose

Current through June 14, 2024
It is the purpose of these rules to protect and preserve
					 the quality of the groundwater of the State of Rhode Island (the "State") and,
					 in coordination with the federal Safe Drinking Water Act, to prevent
					 contamination of groundwater resources from the discharge of non-sanitary
					 wastewater or other fluid to or below the ground surface. It is thereby the
					 policy of the Department of Environmental Management that the discharge of
					 non-sanitary wastewater or other fluid and the associated groundwater discharge
					 system shall be designed, located, constructed, installed, operated, monitored
					 and closed in a manner to prevent such contamination and to protect public
					 health and groundwater quality for current or potential beneficial uses,
					 including use as an underground source of drinking water.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.2 - Authority

Current through June 14, 2024
These rules are adopted pursuant to the requirements and
					 provisions of R.I. Gen. Laws Chapter 46-12, Water Pollution; Chapter 46-13.1,
					 Groundwater Protection; Chapter 42-17.1, Environmental Management; Chapter
					 42-17.6, Administrative Penalties for Environmental Violations; and in
					 accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures. These
					 rules are in conformance with the requirements of applicable federal
					 regulations in 40 C.F.R.
					 §§
											144,
					 145,
					 146,
					 147,
					 148 and
					 124. Specific delegation from the
					 U.S. Environmental Protection Agency to the State is outlined within
					 40 C.F.R. §
											147.2000 (with citation to the federal Safe
					 Drinking Water Act, 49 FR 30699, August 1, 1984, as amended at 53 FR 43090,
					 October 25, 1988).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.3 - Liberal Application

Current through June 14, 2024
The terms and provisions of these rules shall be liberally
					 construed to allow the Department to effectuate the purposes of State and
					 federal laws, goals and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.4 - Applicability

Current through June 14, 2024
A. These rules apply to the design, location,
				  construction, installation, operation, monitoring and closure of a groundwater
				  discharge of non-sanitary wastewater or other fluid that is piped or otherwise
				  designed to discharge to or below the ground surface through a groundwater
				  discharge system, whether proposed or currently or previously in use. This
				  includes all injection wells regulated under the RIDEM Underground Injection
				  Control Program pursuant to the federal Safe Drinking Water Act.
B. Obligations of facility owners and
				  facility operators hereunder shall be joint and several.
C. These rules shall be construed in harmony
				  with other State and federal laws, rules, regulations and standards. Nothing in
				  these rules shall affect the power and duty of the Director to issue or require
				  any form of action pursuant to any other regulatory program administered or
				  enforced by the Department.
D.
				  Nothing in these rules shall affect the power and duty of the Director to issue
				  an immediate compliance order or take any other action pursuant to the R.I.
				  Gen. Laws.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.7 - Prohibitions

Current through June 14, 2024
A. No person shall construct, install,
				  modify, repair, expand, operate, maintain or close a groundwater discharge
				  system unless or until such activity is authorized in accordance with these
				  rules.
B. No person shall discharge
				  any wastewater or other fluid into or through a Class I, II or III injection
				  well, as described in §§
										4.6(B) through
				  (D) of this Part.
C. No person shall discharge any wastewater
				  or other fluid into or through a Class IV well, as described in §
										4.6(E) of
				  this Part, except as otherwise provided in §
										4.10(A)(2)
				  of this Part.
D. No person shall
				  discharge any wastewater or other fluid through a floor drain or sink to a
				  groundwater discharge system, if the discharge results from an activity or
				  facility identified in §§
										4.7(D)(1) through
				  (3) of this Part. Any existing floor drain or
				  sink associated with these activities shall be closed in accordance with §
										4.18 of this Part.
1. Work area associated with a motor vehicle
				  waste disposal well, as described in §
											4.5 of this Part;
2. Manufacturing process or chemical use,
				  storage or handling areas; or,
3.
				  Any facility located in the wellhead protection area of a community water
				  supply well as defined in the RIDEM Groundwater Quality Rules Part 3 of this
				  Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.9 - Groundwater Discharge System Registration

Current through June 14, 2024
A. The owner of a
				  facility with a proposed groundwater discharge identified in §§
										4.9(A)(1) through
				  (3) of this Part shall obtain a Groundwater
				  Discharge System Registration prior to the initiation of construction and
				  installation of a groundwater discharge system and shall comply with all
				  requirements of §
										4.9 of this Part. Upon
				  review of an application for registration, the Director may determine that due
				  to the nature of the proposed groundwater discharge, the owner shall apply for
				  and obtain a Groundwater Discharge System Approval pursuant to §
										4.10 of this Part.
1. A groundwater discharge of wastewater or
				  other fluid, including, but not limited to, Class V injection wells identified
				  in §§
											4.6(F)(1) through
				  (8) of this Part, which are associated with a
				  commercial, industrial or institutional activity that does not have contact
				  with any chemical process(es). Registration may be waived for a similar
				  discharge to the ground surface where the Director has determined that the
				  discharge will not result in an impact to groundwater resources or cause or
				  contribute to a violation of these rules;
2. A groundwater discharge associated with
				  open-loop geothermal activities at commercial, industrial or institutional
				  facilities. The owner shall comply with the requirements of §§
											4.9(D) and
				  (E) of this Part; or,
3. Any other groundwater discharge associated
				  with an activity that the Director has determined may adversely impact the
				  groundwater resources of the State.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.10 - Groundwater Discharge System Approval

Current through June 14, 2024
A. The owner of a
				  facility with a proposed groundwater discharge identified in §§
										4.10(A)(1) through
				  (3) of this Part, shall obtain a Groundwater
				  Discharge System Approval prior to the initiation of construction and
				  installation of a groundwater discharge system and shall comply with all
				  requirements of §
										4.10 of this Part.
1. A groundwater discharge of wastewater or
				  other fluid, including, but not limited to Class V injection wells identified
				  in §§
											4.6(F)(11) through
				  (14) of this Part, which are associated with
				  a commercial, industrial or institutional activity not eligible for
				  registration under §
											4.9 of this Part;
2. A groundwater discharge of contaminated
				  groundwater that has been treated and is being discharged into the same
				  formation from which it was drawn, through a Class IV injection well, if the
				  discharge is approved by the U.S. Environmental Protection Agency, or the
				  Director, pursuant to the provision for the cleanup of releases under the
				  federal Comprehensive, Environmental Response, Compensation and Liability Act
				  of 1980 (CERCLA), 42 U.S.C
				  §§
												9601 through
				  9675 or pursuant to requirements
				  and provisions under the Resource Conservation and Recovery Act (RCRA),
				  42 U.S.C. §§
												6901 through
				  6992k; or,
3. Any other groundwater discharge associated
				  with an activity that the Director has determined may adversely impact the
				  groundwater resources of the State.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.12 - UIC Program Registration or Approval Issued Prior to Rules

Current through June 14, 2024
A. The owner of a facility with a groundwater
				  discharge authorized under a Registration or Order of Approval issued by the
				  RIDEM UIC Program prior to July 12, 2012 ("UIC Registration or Order of
				  Approval") shall adhere to the terms and conditions required by the UIC
				  Registration or Order of Approval, as issued, until such time as the
				  groundwater discharge system is closed under these rules or the UIC
				  Registration or Order of Approval is rescinded and a Stormwater Discharge
				  System Registration or a Groundwater Discharge System Registration or Approval
				  is reissued for the groundwater discharge. The owner of a facility authorized
				  under a UIC Registration or Order of Approval shall be subject to all other
				  applicable requirements of these rules.
B. Monitoring and Reporting of Groundwater
				  Quality: All monitoring and reporting of groundwater discharge or groundwater
				  quality shall be performed in accordance with the UIC Registration or Order of
				  Approval for as long as the UIC Registration or Order of Approval is in effect,
				  unless otherwise required by the Director.
1.
				  Noncompliance: The owner shall report to the Director any instance of
				  noncompliance with a UIC Regist ration or Order of Approval in accordance with
				  §§
											4.14(G) and
				  (H) of this Part; and,
2. Class IV Injection Wells: If through
				  analytical testing, a groundwater discharge system authorized under a UIC
				  Registration or Order of Approval is determined to be a Class IV injection well
				  as defined in §
											4.6(E) of
				  this Part, the owner shall immediately notify the Director and may be required
				  to cease the groundwater discharge and initiate closure procedures in
				  accordance with §
											4.18(D) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.15 - Modification of a Groundwater Discharge System

Current through June 14, 2024
A. The owner of
				  a facility operating under a Groundwater or Stormwater Discharge System
				  Registration, Groundwater Discharge System Approval or Temporary Approval shall
				  obtain a modification of the Registration or Approval prior to the initiation
				  of any addition, expansion or other modification or condition related to the
				  groundwater discharge or the groundwater discharge system, including, but not
				  limited to:
1. A change to the type or
				  quality of wastewater or other fluid discharged to the groundwater discharge
				  system;
2. A change to the quantity
				  of wastewater or other fluid discharged to the groundwater discharge
				  system;
3. A change to the approved
				  groundwater discharge system piping or other devices or system of treatment and
				  control and related appurtenances, including a change in placement location;
				  or,
4. A minor modification as
				  described in §
											4.15(E) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.16 - Transfer of Ownership of a Groundwater Discharge System

Current through June 14, 2024
A. Upon anticipated change of ownership of a
				  facility subject to a Groundwater Discharge System Registration or Approval or
				  a Temporary Approval, the existing facility owner, indicated in the most
				  current Registration or Approval shall initiate transfer to the new owner,
				  unless closure of the groundwater discharge system is proposed. The existing
				  owner is responsible for compliance with the terms and conditions of the
				  Groundwater Discharge System Registration or Approval or Temporary Approval
				  until transfer of the subject facility is complete. Upon purchase of the
				  facility, the new owner shall be responsible for compliance with the terms and
				  conditions of the Groundwater Discharge System Registration or Approval or
				  Temporary Approval. No person shall act under a Groundwater Discharge System
				  Registration or Approval or Temporary Approval issued to another
				  person.
B. Notification
				  Requirements: The existing owner shall submit to the Director, at least 30 days
				  prior to the date of facility transfer, a Notification of Transfer of a
				  Groundwater Discharge System and any other information required by the
				  Director. The Notification shall include a written agreement between the
				  existing owner and the new owner indicating:
1. The anticipated date of facility
				  transfer;
2. Acknowledgement that
				  the responsibility, coverage and liability associated with the Groundwater
				  Discharge System Registration or Approval or Temporary Approval shall transfer
				  upon recordation of the property deed; and
3. Acknowledgement that the new owner has
				  reviewed the Groundwater Discharge System Registration, Approval or Temporary
				  Approval and has agreed to comply with all terms and conditions contained
				  therein upon the facility transfer.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.17 - Temporary Cessation of a Groundwater Discharge

Current through June 14, 2024
A.
				  Notification of Temporary Cessation: The owner of a facility with a groundwater
				  discharge authorized under §§
										4.9 or
				  4.10 of this Part, shall
				  submit to the Director, prior to implementation, a Notification of Temporary
				  Cessation of a Groundwater Discharge for any proposed interruption or cessation
				  of a groundwater discharge that is planned or expected to extend greater than
				  120 days, and shall include:
1. The reasons
				  for the interruption or cessation of groundwater discharge;
2. The estimated time frame when the
				  groundwater discharge will cease and be re-started; and,
3. An acknowledgment that any required
				  monitoring of a groundwater discharge, associated with a Groundwater Discharge
				  System Approval will resume when the groundwater discharge is
				  re-started.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.19 - Application Fees

Current through June 14, 2024
A. A nonrefundable
				  fee shall accompany each application as required under these rules in
				  accordance with the schedule below:
TYPE OF APPLICATION OR NOTIFICATION
FEE
Application for a Groundwater Discharge System
								Registration
$400.00
Application for a Groundwater Discharge System
								Approval*
$1000.00
$250.00
Application for a Stormwater Discharge System
								Registration
$400.00
Application to Modify a Groundwater or Stormwater
								Discharge System
$200.00
(Minor Modification)
$100.00
Notification of Transfer of a Groundwater Discharge
								System
$100.00
Application for Closure of a Groundwater Discharge
								System
$500.00
* includes review of compliance monitoring data for
								the duration of the approval
** fee can apply toward a new Application for a
								Groundwater Discharge System Approval, as applicable
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.20 - Enforcement

Current through June 14, 2024
A. Where the Director has determined that any
				  condition exists in violation of a Registration or Approval issued pursuant to
				  these rules, a UIC Registration or Order of Approval issued prior to July 12,
				  2012 or any other requirement of these rules, the owner shall cease operation
				  or if applicable, the portion of the operation relevant to the violation. If
				  the Director determines that an order of cessation shall not completely abate
				  the condition that caused or contributed to the violation, the owner shall
				  initiate further investigation and/or remediation activities in accordance with
				  Department requirements.
B. Where
				  the Director determines that a pattern of violations of any condition in a
				  Registration or Approval issued pursuant to these rules, a UIC Registration or
				  Order of Approval issued prior to July 12, 2012 or any other requirement of
				  these rules, exists or has existed and that the violations are caused by the
				  failure of the owner to comply or that the violations are willfully caused by
				  the owner, the Director shall terminate the Registration or Approval unless the
				  owner can show cause as to why the Registration or Approval should not be
				  terminated.
C. Pursuant to R. I.
				  Gen. Laws §
										42-17.1-2(21) and
				  in consideration of the administrative appeals process under §
										4.21 of this Part and R.I.
				  Gen. Laws §
										42-35-1, et seq., the Superior
				  Court of Providence County shall have jurisdiction in equity to enforce the
				  provisions of these rules or any order issued pursuant thereto. Proceedings for
				  enforcement shall be instituted and prosecuted in the name of the Director, and
				  in such proceeding in which injunctive relief is sought, it shall not be
				  necessary for the Director to show that without such relief the injury which
				  will result will be irreparable or that the remedy at law is
				  inadequate.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.21 - Appeals

Current through June 14, 2024
Any person affected by a decision of the Director pursuant
					 to these rules may file a claim for an adjudicatory hearing to review the
					 decision in accordance with the RIDEM Administrative Rules of Practice and
					 Procedure for the Administrative Adjudication Office for Environmental Matters
					 Part 10-00-1 of this Title. Any appeal shall be in writing and shall be filed
					 with and received by the RIDEM Administrative Adjudication Office within 30
					 days of the effective date of the denial of the subject application or action.
					 The party appealing a Department decision shall bear the burden of proving that
					 their application or action is in compliance with all requirements of these
					 rules and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.22 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these rules, all previous rules
					 for the discharge of non-sanitary wastewater and other fluid to or below the
					 ground surface shall be superseded. Any enforcement action taken by, or
					 application submitted to, the Department prior to the effective date of these
					 rules and regulations shall be governed by the rules and regulations in effect
					 at the time the enforcement action was taken or application
					 filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.23 - Severability

Current through June 14, 2024
If any provision of these rules or the application thereof
					 to any person or circumstance is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the rules shall not be affected
					 thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 05 - Water Quality › Part 4 - Groundwater Discharge Rules (Rules for the Discharge of Non-Sanitary Wastewater and Other Fluid to or Below the Ground Surface) (250-RICR-150-05-4) › Section 250-RICR-150-05-4.24 - Penalties

Current through June 14, 2024
Any person who violates any provision of these rules shall
					 be subject to the penalties assessed pursuant to the RIDEM Rules and
					 Regulations for the Assessment of Administrative Penalties Part 130-00-1 of
					 this Title. Failure to comply with the terms and conditions of a Registration
					 or Approval issued pursuant to these rules or any other requirement of these
					 rules may constitute a violation of the federal Safe Drinking Water Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.1 - Purpose

Current through June 14, 2024
It is the purpose of these regulations to restore,
					 preserve, and enhance the quality of the surface waters and to protect the
					 waters from discharges of pollutants so that the waters shall be available for
					 all beneficial uses and thus protect the public health, welfare and the
					 environment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.2 - Authority

Current through June 14, 2024
The authority for these regulations is vested in the
					 Director by R.I. Gen. Laws Chapters 46-12, Water Pollution, 42-17.1,
					 Environmental Management, and 42-17.6, Administrative Penalties for
					 Environmental Violations of the General Laws of Rhode Island. These Rules and
					 Regulations are further promulgated pursuant to the requirements and provisions
					 of all Chapters of the R.I. Gen. Laws relating to the duties and
					 responsibilities of the Director for the waters of the State, and in accordance
					 with the requirements of R.I. Gen. Laws Chapter 42-35, Administrative
					 Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  regulations hereby adopt and incorporate
				  33 C.F.R. §
											153 (2018) by reference, not including any
				  further editions or amendments thereof and only to the extent that the
				  provisions therein are not inconsistent with these regulations.
B. These regulations hereby adopt and
				  incorporate 40 C.F.R.
				  §§
											3,
				  35,
				  122 through
				  125,
				  127,
				  129,
				  133,
				  136,
				  300,
				  403,
				  405 through
				  471, and Chapter 1, Subchapter N
				  (2018) by reference, not including any further editions or amendments thereof
				  and only to the extent that the provisions therein are not inconsistent with
				  these regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.5 - Application of these Regulations

Current through June 14, 2024
A. These
				  regulations shall be liberally constructed to permit the Department to
				  effectuate the purpose of the State law.
B. The Department may require an applicant to
				  provide additional information where such information is necessary, in the
				  opinion of the Department, to fully disclose all relevant facts concerning the
				  permit application or permit, including propriety data. The applicant may
				  assert a claim of confidentiality but claims of confidentiality regarding the
				  name and address of any permit applicant or permittee or claims related to
				  effluent data, permits, and permit application forms, including attachments to
				  the forms, will be denied. Any failure to submit such information shall
				  constitute valid cause for denial of the permit or other remedy as provided by
				  law.
C. Nothing in these rules and
				  regulations shall be deemed to interfere with the Director's power and duty to
				  issue an immediate order pursuant to R.I. Gen. Laws §
										46-12-10.
D. These regulations and the State continuing
				  planning process, as approved by EPA under 40 C.F.R. § 35.1500
				  (incorporated above at §
										1.3(B) of
				  this Part), shall at all times be construed so as to assure consistency with
				  the Clean Water Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.6 - General Prohibitions

Current through June 14, 2024
A. A RIPDES permit
				  shall not be issued:
1. When the conditions
				  of the permit do not provide for compliance with the applicable requirements of
				  the State and Federal Acts or regulations;
2. For the discharge of any radiological,
				  chemical, or biological warfare agent or high-level radioactive
				  waste;
3. When the imposition of
				  conditions cannot ensure compliance with the applicable water quality
				  requirements of all affected states;
4. When the Regional Administrator has
				  objected to the issue of the permit in accordance with the Memorandum of
				  Agreement;
5. When, in the
				  judgement of the United States Secretary of the Army, anchorage and navigation
				  in or on any of the waters of the United States could be substantially impaired
				  by the discharge;
6. For any
				  discharge, inconsistent with a plan or plan amendment approved under
				  33 U.S.C. §
												1288(b) (Section 208(b) of
				  the Clean Water Act);
7. For any
				  discharge to the territorial sea, the waters of the contiguous zone, or the
				  oceans in the following circumstances:
a.
				  Before the promulgation of guidelines under
				  33 U.S.C. §
													1343(c) (Section 403(c) of
				  the Clean Water Act) (for determining degradation of the waters of the
				  territorial seas, the contiguous zone, and the oceans) unless the Director
				  determines permit issuance to be in the public interest; or
b. After promulgation of guidelines under
				  33 U.S.C. §
													1343(c) (Section 403(c) of
				  the Clean Water Act), when insufficient information exists to make a reasonable
				  judgement whether the discharge complies with them.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.7 - Conflict of Interest

Current through June 14, 2024
All boards or bodies which approve all or portions of a
					 permit shall comply with the conflict of interest conditions from
					 40 C.F.R. §
											123.25(c), incorporated
					 above at §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.8 - Persons Required to Apply for RIPDES Permit

Current through June 14, 2024
A. Any
				  person who discharges or proposes to discharge pollutants into the waters and
				  who does not have an effective permit, shall, except as provided in §
										1.9 of this Part, submit a
				  complete application to the Department.
B. Any person who had a NPDES permit prior to
				  the effective date of these regulations shall be notified in writing by the
				  Department that the NPDES permit is continued in full force pursuant to §
										1.13 of this Part and that
				  the person must apply for a RIPDES permit in accordance with the schedule for
				  submission of applications in §
										1.10(A) 
				  of this Part.
C. When a facility or
				  activity is owned by one person but is operated by another person, it is the
				  operator's duty to obtain a permit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.10 - Schedule for Submission of Applications

Current through June 14, 2024
A. Any person
				  who had an NPDES permit prior to the effective date of these regulations shall
				  either apply for a RIPDES permit at least 180 days prior to the scheduled
				  expiration date of the NPDES permit or if the schedule expiration date has
				  already passed then within 60 days of receiving written notification from the
				  Department that a RIPDES permit application is due.
B. Any person planning to continue
				  discharging after the expiration date of an existing RIPDES permit must file an
				  application for renewal at least 180 days prior to expiration of the existing
				  permit.
C. All other new applicants
				  for a RIPDES permit(s) shall in accordance with these regulations submit an
				  application to the Department at least 180 days before the date on which the
				  discharge is to commence except as otherwise provided in §
										1.10(D) of
				  this Part.
D. Facilities proposing
				  a new discharge of storm water associated with industrial activity shall submit
				  an application/notice of intent 180 days before that facility commences
				  industrial activity which may reasonably be expected to result in a discharge
				  of storm water associated with that industrial activity. Facilities described
				  under §§
										1.4(A)(111)(j)
				  or 1.4(A)(112)(a)
				  of this Part shall submit applications at least ninety (90) days before the
				  date on which construction is to commence. Different submittal dates may be
				  required under the terms of applicable general permits.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.12 - Signatories to Permit Application and Reports

Current through June 14, 2024
All reports and permit applications submitted under this
					 Part shall be signed in accordance with the signatory requirements from
					 40 C.F.R. §
											122.22, incorporated above at §
										1.3(B) of
					 this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 1 - Regulations for the Rhode Island Pollutant Discharge Elimination System › Section 250-RICR-150-10-1.13 - Continuation of NPDES Permits and Expired RIPDES Permits

Current through June 14, 2024
The conditions of an expired RIPDES permit shall be
					 continued in force until the effective date of a new RIPDES permit in
					 accordance with the requirements from
					 40 C.F.R. §
											122.6, incorporated above at §
										1.3(B) of
					 this Part, except that references to the Regional Administrator shall refer to
					 the Director.