reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.6 - Grant Application and Review

Current through June 14, 2024
A. The grant
				 application should generally include:
1. A
				 concise summary identification of the Applicant and the resiliency related
				 infrastructure project.
2.
				 Information about the resiliency related infrastructure project including a
				 description of:
a. How the project will
				 identify top hazards, improve community resiliency, and strengthen public
				 safety in the face of increased flooding, rising sea levels, more frequent and
				 intense storm events, and warming air and water temperatures; and
b. How the project leverages the Applicant's
				 municipal capital improvement plan, local hazard mitigation plans, and/or local
				 comprehensive plans.
c. Any
				 matching funds the Applicant intends to commit to the project.
3. A proposed project schedule and
				 budget.
4. Any additional
				 information that the Bank may require.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.7 - Loan Application

Current through June 14, 2024
A. The written
				 request should generally include:
1. A
				 description of the project(s) to be financed with the projected construction
				 and completion schedule. In the case of a refinancing, a description of the
				 completed project and the terms and source of previous financing.
2. A description of the source of repayment,
				 i.e., general revenues of the Borrower or other source of funds acceptable to
				 the Bank including but not limited to an appropriations pledge.
3. A description of the overall operations of
				 the Borrower, including but not limited to the most recent annual report and
				 audited financials, with an emphasis on:
a.
				 Legal structure;
b.
				 Management;
c. Sources of
				 revenues;
d. Operating
				 expenses;
e. Operating surpluses or
				 deficits; and
f. Sources of
				 financial liquidity.
4.
				 Legal authority or authorities to construct, finance and operate the
				 project.
5. The past five years
				 Audited Financial Statements in accordance with Generally Accepted Government
				 Accounting Standards
6. Financial
				 and demographic information.
7.
				 Such other information as the Bank may reasonably require.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.8 - Loan Approval Process

Current through June 14, 2024
A. Loan approvals
				 are subject to the following terms:
1. That
				 the loan complies with all federal, state and Bank laws, rules and
				 regulations;
2. That the loan and
				 debt service requirements be approved by any applicable regulatory
				 agency;
3. That a satisfactory loan
				 agreement be signed by all parties to the transaction;
4. That the loan will be made subject to
				 availability of funds.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.9 - Loan Terms and Conditions

Current through June 14, 2024
A.
				 Interest/Pricing: Financial assistance may include below market interest rates,
				 interest rate subsidies or other credit enhancements which reduce the cost of
				 financing eligible projects. The amount of additional subsidy, if any, shall be
				 determined by the Bank. At the discretion of the Bank, financially distressed
				 Borrowers may receive financial assistance with a higher amount of additional
				 subsidy as long as the terms of the financial assistance do not have an adverse
				 financial effect on other participants in the Municipal Resilience Program;
				 bond holders; other creditors of the Bank; or the finances of the Bank.
1. Interest, if any, is to be calculated on
				 the basis of a three hundred and sixty (360) day year and twelve (12) thirty
				 (30) day months on the outstanding loan balance, and at the Bank's discretion,
				 paid semi-annually on March 1st and September 1st, and may be capitalized
				 during construction.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.10 - Loan Reporting Requirements

Current through June 14, 2024
A. Borrowers will
				 be required to provide information to the Bank during the life of the loan
				 including, but not limited to, the following:
1. A copy of its Annual Audited Financial
				 Statements in accordance with Generally Accepted Government Accounting
				 Standards, annually within nine (9) months of end of fiscal year.
2. An annual analysis of Operating Revenues
				 and Expenses with an emphasis on the status of the dedicated revenues and/or
				 general revenues securing the Borrower Bond and operating expenses in excess of
				 budget, annually within nine (9) months of the end of fiscal year if the
				 Borrower Bond is not a general obligation Bond. If the Borrower Bond is a
				 general obligation bond, paid from ad valorem taxes, unless included as part of
				 the annual budget, an analysis of Borrower operating revenues and expenses and
				 a comparison for the respective period, annually within nine (9) months of the
				 end of the fiscal year.
3. A copy
				 of the annual budget of the Borrower, within fifteen (15) days of its
				 adoption.
4. An annual schedule of
				 current and projected short term and long term debt service.
5. Copies of reports submitted to any other
				 regulatory agency relating to the resiliency related infrastructure project(s)
				 financed.
6. During the
				 construction period, an accounting of the monthly disbursements relating to the
				 project.
7. Other information or
				 reports as and when the Bank may reasonably require.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.11 - Grant Terms and Conditions and Reporting Requirements

Current through June 14, 2024
A. The terms and conditions and reporting
				 requirements for grants from the Municipal Resilience Program will be
				 established by the Bank and set forth in the grant agreement.
B. Construction Progress Payments
1. Progress payments for each construction
				 project will be made through a construction fund established for the MRP
				 program. Grant proceeds will be transferred monthly from the construction fund
				 for each Borrower based upon approved Requisition Forms submitted to the Bank.
				 Upon receipt of the Requisition Forms and all associated Requisition
				 Documentation, the Bank will verify:
a. That
				 the costs requisitioned for payment are in connection with the approved
				 resiliency related infrastructure project(s);
b. The vendor is identified in the contract;
				 and
c. There is sufficient
				 availability of funds approved for the project to make the payment.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.12 - Grant or Loan Agreements

Current through June 14, 2024
There will be a Grant or Loan Agreement for each award of
					 approved financial assistance outlining the terms and conditions of the grant
					 or loan, as applicable.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.13 - Compliance with Federal, State and Local Law

Current through June 14, 2024
The Applicant must comply with all applicable federal,
					 state and local laws and regulations.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.14 - Modifications

Current through June 14, 2024
Where deemed appropriate by the Bank, waiver or variation
					 of any provisions herein may be made or additional requirements may be
					 added.
Rhode Island Code of Regulations › Title 830 - Infrastructure Bank › Chapter 10 - Programs › Subchapter 40 - Municipal Resilience Program › Part 1 - Municipal Resilience Program Policies and Procedures › Section 830-RICR-10-40-1.15 - Severability

Current through June 14, 2024
If any provision of this Part or the application thereof
					 to any local governmental unit, person, or corporation is held invalid by a
					 court of competent jurisdiction, the remainder of this Part shall not be
					 affected thereby. The invalidity of any section or sections or parts of any
					 section or sections shall not affect the validity of the remainder of this
					 Part.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.1 - Purpose

Current through June 14, 2024
To establish a defined set of procedures for the conduct of
					 public hearings for the Narragansett Bay Commission (NBC).
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-2(a)(4).
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.3 - Definitions

Current through June 14, 2024
A. "Commission" means the Narragansett Bay
				 Commission or, when the context permits, its individual members, committees,
				 its staff, agents or employees.
B.
				 "Commission office" means the offices of the Commission, One Service Road,
				 Providence, Rhode Island or any such address as may from time to time be the
				 location of the principal office of the Commission.
C. "Contested cases" means a proceeding in
				 which the Commission under its enabling legislation is required to determine
				 the legal rights, duties or privileges of a party to said proceeding after an
				 opportunity for a hearing. Pursuant to R.I. Gen. Laws §
										39-1-1 et seq., promulgation of sewer user fees by the Commission is subject to
				 approval by the Public Utilities Commission.
1. When the Commission is authorized to
				 determine the legal rights, duties or privileges of parties after an
				 opportunity for a hearing in this definition, any such proceeding before the
				 Commission shall be considered a contested case when formal written objection
				 and/or request for hearing is received by the Commission from any interested
				 party. Further, any such proceeding before the Commission shall be considered a
				 contested case upon the request for hearing by any member of the
				 Commission.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.4 - Notice of Contested Cases

Current through June 14, 2024
A. Notice of public
				 hearings considered contested cases under these regulations shall be provided
				 as set forth in R.I. Gen. Laws §
										42-35-1 et
				 seq. or as otherwise provided by law.
B. All parties shall be afforded an
				 opportunity for hearing after reasonable notice. Such notice in cases arising
				 under the Commission's rules and regulations governing sewer use shall be in
				 accordance with § 20-00-1.10(E) of this Title. In all other cases, notice
				 shall be as follows:
1. Notice shall include:
a. a statement of the time, place and nature
				 of the hearing;
b. a statement of
				 the legal authority and jurisdiction under which the hearing is held;
c. a reference to the particular sections of
				 statutes and rules involved; a short and plain statement of the matters
				 asserted.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.5 - Hearing Procedures

Current through June 14, 2024
A. Hearings, Record
				 and Disposition:
1. In the event a matter
				 pending before the Commission becomes a contested case as defined herein, the
				 Commission shall then schedule a public hearing before a duly authorized and
				 appointed hearing committee or hearing officer who is not involved in the
				 enforcement action.
2. The record
				 in a contested case shall include: all pleadings, motions, intermediate
				 rulings; evidence received or considered; a statement of matters officially
				 noticed; questions and offers of proof and thereon; proposed findings and
				 exceptions; any decision, opinion or report by the officer or officers
				 presiding at the hearing; all state memoranda or data submitted to the hearing
				 officer or members of the agency in connection with their consideration of the
				 case.
3. Unless precluded by law,
				 informal disposition may be made of any contested case by stipulation, agreed
				 settlement, consent order or default.
4. The Executive Director can appoint a
				 hearing officer to hear any case arising under these rules and regulations, as
				 well as any other contested cases, when authorized to do so by the Commission.
				 A hearing officer may hear any contested case arising under the Commission's
				 rules and regulations governing sewer use, in accordance with § 20-00-1.10
				 of this Title.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.6 - Practice Before the Commission

Current through June 14, 2024
A. Any person may
				 appear before any hearing body of the Commission on his or her own behalf. Any
				 person or party who has an interest in any matter before the Commission may
				 appoint an attorney to represent him or her before the hearing body.
B. All persons appearing in proceedings
				 before a Commission hearing body in representative capacity shall conform to
				 the standards of conduct required of attorneys before the courts of Rhode
				 Island. If any such person does not conform to such standards, the hearing body
				 may decline to permit such person to appear in a representative capacity in any
				 such proceeding.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.7 - Preliminary Investigations

Current through June 14, 2024
A. Whenever
				 authorized by law, the Commission may conduct preliminary investigations into
				 matters under its jurisdiction. Upon the completion of such investigations:
1. if the Commission shall make a
				 determination that a violation probably has not been or is not being engaged
				 in, the Commission shall proceed no further;
2. if the Commission shall make a
				 determination that a violation probably has been or is being engaged in, the
				 Commission shall proceed as provided by law.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.8 - Final Decision of the Hearing Body

Current through June 14, 2024
Any final decision or order adverse to a party in a
					 contested case shall be in writing or stated in the record. Any final decision
					 shall include findings of fact and conclusions of law, separately stated.
					 Findings of fact, if set forth in statutory language, shall be accompanied by a
					 concise and explicit statement of the underlying facts supporting the findings.
					 If a party, in accordance with agency rules, submitted proposed findings of
					 fact, the decision shall include a ruling upon each proposed finding. Parties
					 shall be notified either personally or by mail of any decision or order. Upon
					 request, a copy of the decision shall be delivered or mailed forthwith to each
					 party and to his or her attorney of record.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.9 - Service of Process

Current through June 14, 2024
A. Notice will be
				 deemed properly served upon a person if a copy thereof is served upon him or
				 her personally, sent by registered mail, return receipt requested, or such
				 person is served with notice by any other method of service now or hereafter
				 authorized in a civil action under the laws of this State.
B. Any hearing officer duly appointed
				 hereunder shall have the right to administer oaths and issue subpoenas to
				 compel the appearance of witnesses and/or the production of any books, records,
				 or other documents as provided under R.I. Gen. Laws §
										46-25-28.
C. Filing with the Commission. Papers
				 required to be filed with the Commission shall be deemed filed upon actual
				 receipt by the Commission at the Commission's office.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 1 - Rules and Regulations for Public Hearings (835-RICR-10-00-1) › Section 835-RICR-10-00-1.10 - Judicial Review of Contested Cases

Current through June 14, 2024
Any person who has exhausted all administrative remedies
					 available to him or her within the agency and who is aggrieved by a final
					 decision in a contested case is entitled to judicial review under R.I. Gen.
					 Laws §
										42-35-15.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Public Records Request Procedures (835-RICR-10-00-2) › Section 835-RICR-10-00-2.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to establish a procedure
					 for the public to make requests for public records to the Narragansett Bay
					 Commission (NBC).
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Public Records Request Procedures (835-RICR-10-00-2) › Section 835-RICR-10-00-2.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										38-2-1 et
					 seq.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Public Records Request Procedures (835-RICR-10-00-2) › Section 835-RICR-10-00-2.3 - Public Records Request Procedures

Current through June 14, 2024
The following information is provided as a resource to
					 anyone who would like to make a public records request at the Narragansett Bay
					 Commission.
PUBLIC RECORDS UNIT: Legal Department
E-MAIL ADDRESS: legal@narrabay.com
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Public Records Request Procedures (835-RICR-10-00-2) › Section 835-RICR-10-00-2.4 - How to Make a Public Records Request

Current through June 14, 2024
A. Any
				 person may make a public records request by contacting the above public records
				 unit. Public records requests must be submitted in writing, unless the
				 requester is seeking records available pursuant to R.I. Gen. Laws §
										42-35-2 or for other documents prepared for or readily available to the public. It is
				 suggested, but not required, that requests be submitted on the form provided by
				 the NBC and available at the NBC or online at
www.narrabay.com
.
B. A simple but complete description of the
				 records sought must be provided in enough detail so that the records unit can
				 answer the request appropriately. One of the officers from the records unit may
				 ask certain questions in order to better assist you; however, answers to those
				 questions with regard to your identity and the reason for the request do not
				 have to be given.
C. Normal
				 business hours are from 8:30 AM to 4:00 PM. Any calls or emails made after
				 those hours will be handled the next business day.
D. Pursuant to R.I. Gen. Laws §
										38-2-3,
				 there are times when the public records you seek are not available at the time
				 of your request.
E. Please be
				 advised that R.I. Gen. Laws §
										38-2-3 allows a public body ten (10) business days to respond, which can be extended
				 an additional twenty (20) business days. We appreciate your understanding and
				 patience.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 2 - Public Records Request Procedures (835-RICR-10-00-2) › Section 835-RICR-10-00-2.5 - Where a Request May Be Made

Current through June 14, 2024
A. Written requests
				 for public records may be made:
1. by email,
				 to legal@narrabay.com,
2. by
				 letter, addressed to the Public Records Unit - Legal Department,
3. or in person, at the Narragansett Bay
				 Commission, One Service Road, Providence, RI 02905.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Petition for Declaratory Order (835-RICR-10-00-3) › Section 835-RICR-10-00-3.1 - Purpose

Current through June 14, 2024
This regulation states the requirements for submitting a
					 request for Declaratory Order under R.I. Gen. Laws §
										42-35-8(b),
					 and the procedure for its consideration and prompt
					 disposition.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Petition for Declaratory Order (835-RICR-10-00-3) › Section 835-RICR-10-00-3.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-8.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Petition for Declaratory Order (835-RICR-10-00-3) › Section 835-RICR-10-00-3.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				 this regulation:
1. "Commission" means the
				 Narragansett Bay Commission.
2.
				 "Declaratory Order" means an order issued by the Commission that:
a. Interprets or applies a statute
				 administered by the Commission;
b.
				 Clarifies whether a rule, guidance document, or order issued by the Commission
				 applies to a Petitioner; or
c.
				 Clarifies how a rule, guidance document, or order issued by the Commission
				 applies to a Petitioner.
3. "Petition" means a request for a
				 Declaratory Order.
4. "Petitioner"
				 means a person requesting a Declaratory Order.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Petition for Declaratory Order (835-RICR-10-00-3) › Section 835-RICR-10-00-3.4 - Request for Declaratory Order: Form and Submission

Current through June 14, 2024
A. A request for Declaratory Order must be in
				 writing and include the following information:
1. The name and address of the
				 Petitioner;
2. A plain statement
				 identifying the statute, rule, guidance document, or order at issue;
3. A detailed statement of all facts relied
				 upon by the Petitioner;
4. A copy
				 of any and all documents relied upon by Petitioner that are not otherwise
				 accessible to the Commission; and
5. A plain statement requesting a Declaratory
				 Order, and further indicating whether Petitioner seeks:
a. An interpretation or application of a
				 statute administered by the Commission;
b. Clarification as to whether a rule,
				 guidance document, or order issued by the Commission applies to Petitioner;
				 and/or
c. Clarification as to how a
				 rule, guidance document, or order issued by the Commission applies to
				 Petitioner.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 3 - Petition for Declaratory Order (835-RICR-10-00-3) › Section 835-RICR-10-00-3.5 - Consideration and Disposition of Request for Declaratory Order

Current through June 14, 2024
A. The Commission
				 shall promptly consider and respond to the request for Declaratory Order as
				 provided in R.I. Gen. Laws §
										42-35-8(c).
1. Should the Commission schedule the matter
				 for further consideration, the Commission shall notify Petitioner in writing of
				 the anticipated date on which the Commission will grant or deny the request for
				 Declaratory Order.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules (835-RICR-10-00-4) › Section 835-RICR-10-00-4.1 - Purpose

Current through June 14, 2024
The purpose of this regulation is to prescribe the form of
					 a Petition for Promulgation of Rules pursuant to R.I. Gen. Laws §
										42-35-6 and the procedure for its submission, consideration, and
					 disposition.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules (835-RICR-10-00-4) › Section 835-RICR-10-00-4.2 - Authority

Current through June 14, 2024
This regulation is promulgated pursuant to the authority
					 granted in R.I. Gen. Laws §
										42-35-6.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules (835-RICR-10-00-4) › Section 835-RICR-10-00-4.3 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to
				 this regulation:
1. "Commission" means the
				 Narragansett Bay Commission.
2.
				 "Petition" means a request for the Promulgation of a Rule.
3. "Petitioner" means a person requesting the
				 promulgation of a rule.
4.
				 "Promulgate", with respect to a Rule, means the process of writing a new Rule,
				 or amending or repealing an existing Rule.
5. "Rule" means the whole or a part of an
				 agency statement of general applicability that implements, interprets, or
				 prescribes law or policy or the organization, procedure, or practice
				 requirements of an agency and has the force of law. The term includes the
				 amendment or repeal of an existing rule. The term is used interchangeably with
				 the term "regulation." The term does not include the exceptions listed in R.I.
				 Gen. Laws §
											42-35-1(19)(i)-(vi).
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules (835-RICR-10-00-4) › Section 835-RICR-10-00-4.4 - Request for the Promulgation of a Rule

Current through June 14, 2024
A. A request to
				 Promulgate a Rule must be in writing and include the following information:
1. The name and address of the
				 Petitioner;
2. A plain statement
				 identifying the rule or proposed new Rule at issue;
3. A detailed statement of all facts relied
				 upon by the Petitioner;
4. A plain
				 statement requesting the Promulgation of a Rule, and further indicating whether
				 Petitioner seeks a new Rule or the amendment or repeal of an existing Rule.
a. In the case of a request for the repeal of
				 an existing Rule, the Petitioner shall identify the Rule by title and/or RICR
				 citation.
b. In the case of a
				 request for an amendment to an existing Rule, the Petitioner must identify with
				 specificity any proposed additions, deletions, or other amendments. New
				 proposed language must be clearly marked using underline formatting for
				 proposed insertions, and strikethrough formatting for proposed
				 deletions.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 10 - General Administration › Subchapter 00 - N/A › Part 4 - Petition for Promulgation of Rules (835-RICR-10-00-4) › Section 835-RICR-10-00-4.5 - Consideration and Disposition of Request for the Promulgation of a Rule

Current through June 14, 2024
A. The Commission shall promptly consider and
				 respond to the request for the Promulgation of a Rule as provided in R.I. Gen.
				 Laws §
										42-35-6.
B. The Commission may, at its discretion and
				 within the thirty (30) day period prescribed by statute:
1. Hold a hearing for further consideration
				 and discussion on the Petition; or
2. Request further information or documents
				 from the Petitioner necessary for the full evaluation of his or her
				 Petition.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.1 - Purpose

Current through June 14, 2024
In order to ensure the proper collection, treatment, and
					 disposal of wastewater and sewage sludge and adequate treatment of industrial
					 wastewater within the Narragansett Bay Commission District (District); to
					 encourage the recovery and recycling of wastes and the proper operation and
					 maintenance of interceptor sewers and the treatment facilities within the
					 District; to comply with the requirements of the United States Environmental
					 Protection Agency (EPA) and the Rhode Island Department of Environmental
					 Management (DEM); and, to provide for the keeping of records of the
					 Narragansett Bay Commission Wastewater Facilities (Facilities), this Part
					 governing the use of the Facilities within the District is adopted by the
					 Narragansett Bay Commission (NBC) as provided by R.I. Gen. Laws §
										46-25-1
et seq.
In the event of future wastewater facility
					 acquisitions and/or annexations to the NBC, this Part shall become incorporated
					 by reference and binding thereon, and all previous Rules and Regulations of
					 said facility/facilities shall be abolished. Upon acquisition and/or
					 annexation, any and all site-specific facility limitations necessary and/or
					 appropriate to remain in full force and effect shall be incorporated by
					 reference and retained by way of appendices to this Part. All such
					 modifications shall be subject to the necessary public notice and hearing
					 requirements for major modifications as mandated by
					  40 C.F.R. §
											403.18  (2018), incorporated herein by
					 reference, not including amendments prior to incorporation.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.2 - Definitions

Current through June 14, 2024
A. "Act" or "the Act" means the Narragansett
				 Bay Commission Act, R.I. Gen. Laws Chapters 46-25 and 46-25.1, as
				 amended.
B. "Appurtenance" means
				 auxiliary structures attached to a sewer, which shall include, but not be
				 limited to, pump stations, slots, regulators, outfalls, force mains, manholes,
				 catch basins, tide gates, monitoring devices, and metering chambers.
C. "Authorized employees" or "Agents of the
				 NBC" means a person who by reason of his or her general position, contract, or
				 job description with the NBC has specific duties and responsibilities to
				 perform on behalf of the NBC.
D.
				 "Authorized representative of user" means:
1.
				 If the user is a corporation, authorized representative shall mean:
a. The President, a Vice President,
				 Secretary, or Treasurer of the corporation in charge of a principal business
				 function, or any other person who performs similar policy or decision-making
				 functions for the corporation, or
b. The manager of one (1) or more
				 manufacturing, production, or operating facilities, provided the manager is
				 authorized to make management decisions that govern the operation of the
				 regulated facility including having the explicit or implicit duty of making
				 major capital investment recommendations, and initiate and direct other
				 comprehensive measures to assure long-term environmental compliance with
				 environmental laws and Regulations; can ensure that the necessary systems are
				 established or actions taken to gather complete and accurate information for
				 submittal of permit applications, complying with permit, reporting and
				 submittal requirements,
et al
, and where authority to sign
				 documents has been assigned or delegated to the manager in accordance with
				 corporate procedures or bylaws.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.3 - Municipal Permitting, Protocols and Responsibilities

Current through June 14, 2024
1.3.1
Municipal Permit
				 Application
A. Each municipality shall
				 obtain a permit from the NBC for all existing and new municipal sewer
				 connections to the NBC's Facilities. Examples of new municipal connections
				 include sanitary or stormwater flows that previously were not discharged to the
				 NBC Facilities resulting from new sewer pipes, redirecting of sewer pipes,
				 and/or as a result of NBC acquiring existing treatment facilities from a city
				 or town not previously in the District. Application for this permit shall be
				 made on a form provided by the NBC. The permit application is to be prepared by
				 the municipality at its own expense and submitted as required by the
				 NBC.
B. Application Review
1. Each municipality shall furnish all
				 necessary information and data in accordance with any guidelines established by
				 the NBC.
2. The NBC shall evaluate
				 the adequacy of data furnished with the permit application. If insufficient
				 data has been furnished the NBC shall require the municipality to provide
				 additional data within a specified time. After reviewing the data, the NBC may
				 issue the permit and may stipulate special conditions and terms upon which the
				 permit will be issued.
C.
				 Amendments by the NBC
The NBC may change the conditions of a permit from time to
					 time as circumstances, including law or Regulations enacted or promulgated by
					 the State or Federal government or its agencies, may require. A municipality
					 may request a hearing on proposed amendments to its permit in accordance with
					 the provisions of §
												1.10     of this Part.
D. Municipal Applications to Amend
				 Permit
Any municipality proposing a new connection or the
					 elimination of an existing connection to the NBC's Facilities shall apply for
					 an amendment to its permit prior to constructing or eliminating the connection.
					 The municipality shall furnish all necessary data in accordance with any
					 guidelines established by the NBC. After reviewing the data, the NBC may issue
					 or deny an amendment to the permit for the proposed connection or for the
					 elimination of an existing connection. No new connection or elimination of an
					 existing connection may be made without first being granted such an
					 amendment.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.5 - Discharge Requirements, Limitations, and Prohibitions

Current through June 14, 2024
1.5.1
Authority
The NBC may limit, reject or prohibit any direct or
					 indirect discharge of pollutants or combination of pollutants, as defined by
					 applicable Federal or State law or as described below, into the facilities. The
					 NBC may, in its discretion, affix labels to those tanks which contain
					 substances which are prohibited from being discharged to the facilities or
					 which may not be discharged to the facilities without adequate
					 pretreatment.
1.5.2
General Discharge Limitations and Prohibitions
A. In addition to those limitations and
				 prohibitions specified in §§1.5.3, 1.5.4, 1.5.5, and
				 1.5.6 of this Part, no
				 person shall discharge or cause or allow to be discharged directly or
				 indirectly into the facilities any other substances, water, or wastewater that
				 either singly or by interaction with other substances will, or is likely to:
1. Interfere with the operation of the
				 facilities by:
a. Harming either the sewerage
				 system or wastewater treatment process;
b. Being otherwise incompatible with the
				 treatment process; or
c.
				 Contaminating the sludge or contributing to sludge disposal problems; or
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.6 - Interference with NBC Property

Current through June 14, 2024
No person shall maliciously, willfully, or negligently
					 break, damage, destroy, uncover, deface, or tamper with any NBC owned
					 structure, appurtenance or equipment. No person shall dump garbage, fill,
					 refuse, or other materials on land easements, rights-of-way, or other
					 structures, including manholes, which are part of the wastewater facilities.
					 Persons initiating construction activities that may alter NBC structures must
					 be permitted pursuant to the requirements outlined in §
										1.4     of this Part. Persons
					 causing such interference shall be billed by the NBC for any actual damages,
					 the cost of correcting the interference and may be subject to civil and/or
					 criminal penalties pursuant to R.I. Gen. Laws §
										46-25-25.2, and
					 §
										1.10     of this
					 Part.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.7 - Inspection Powers

Current through June 14, 2024
1.7.1
General
				 Powers
A. Inspections shall be
				 conducted at the discretion of the NBC. Duly authorized employees and agents of
				 the NBC, upon presenting identification and appropriate credentials, are
				 authorized:
1. To enter without delay and at
				 reasonable times those premises (public or private) of any person or class of
				 user either receiving services from the NBC or applying for services from the
				 NBC in which a discharge source or treatment system is located or which records
				 required to be maintained pursuant to R.I. Gen. Laws §
												46-25-25 are kept;
2. During regular
				 working hours and at other reasonable times, and within reasonable limits and
				 in a reasonable manner, to have access to and to copy any records, inspect any
				 monitoring equipment or method required pursuant to R.I. Gen. Laws §
												46-25-25 and sample and/or analyze any effluents which the owner or operator of such
				 discharge source is required to sample and/or analyze under R.I. Gen. Laws
				 §
												46-25-25 and any Rules and Regulations adopted pursuant thereto; and
3. During such on-site inspections, to carry
				 out all inspections, surveillance, and monitoring procedures necessary to
				 determine, independent of information supplied by any person discharging into
				 the facilities, compliance or noncompliance with NBC pretreatment
				 requirements.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.8 - Wastewater Discharge Permit System

Current through June 14, 2024
1.8.1
Wastewater Discharge Permits Required
A. Existing Sources: All industrial and
				 commercial users connected to the NBC's Wastewater Facilities must obtain a
				 wastewater discharge permit. All industrial and commercial users proposing to
				 connect to or discharge into any part of the NBC's Wastewater Facilities must
				 obtain a wastewater discharge permit before connecting to or discharging to the
				 facilities.
B. New Sources: New
				 industrial and commercial sources must obtain a wastewater discharge permit
				 before connecting to or discharging to the facilities. The industrial and
				 commercial user must be in compliance with effluent limitations upon start-up
				 of operations. Any required pretreatment must be installed and operational in
				 accordance with plans and approved by the NBC. The pretreatment system shall be
				 inspected and approved by NBC personnel before a wastewater discharge permit
				 will be issued.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.10 - Enforcement

Current through June 14, 2024
1.10.1
Administrative Enforcement
				 Options
A. The NBC may implement any
				 combination of the following administrative and/or judicial responses if a user
				 is in violation of any provision of State or Federal requirements, R.I. Gen.
				 Laws Chapter 46-25, this Part, a permit, or an order issued by the NBC.
1. Issue a Notice of Violation;
2. Require the user to attend a mandatory
				 compliance meeting at the NBC Corporate Office during business hours, or at any
				 other reasonable time, to discuss its violations or alleged violations, the
				 remedial actions that it might take, and the actions the NBC might take under
				 the Act and this Part;
3. Issue an
				 Administrative Order requiring any action that the NBC is authorized to
				 require;
4. Enter into a Consent
				 Order or Settlement Agreement with the user;
5. Revoke, modify, deny, suspend, or refuse
				 to renew a permit issued under the Act;
6. Terminate or suspend sewer services
				 provided to the user;
7. Assess a
				 civil administrative penalty;
8.
				 Institute a court action for civil penalties, criminal fines and/or other
				 criminal punishment, injunctive relief, reimbursement of costs and/or damages
				 resulting from a violation or threatened violation; and/or any other relief
				 authorized by law or Regulation.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.11 - Interpretation of Requirements

Current through June 14, 2024
1.11.1
Construction
The provisions of this Part with respect to the meaning of
					 technical terms and phrases, the restrictions as to what wastes may be
					 discharged into sewer interceptors, the Regulations with respect to making
					 connections to sewer interceptors, and other technical matters shall be
					 interpreted and administered by the Executive Director.
1.11.2
Captions
Captions and headings are for reference only and shall not
					 limit or otherwise affect the meaning of the paragraphs thereunder.
1.11.3
Severability
If any provision of this Part or the application thereof to
					 any person or circumstances is held invalid by a court of competent
					 jurisdiction, the remainder of this Part shall not be affected thereby. The
					 invalidity of any section or sections or parts of any section or sections shall
					 not affect the validity of the remainder of this Part.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.12 - Amendments to Rules and Regulations

Current through June 14, 2024
The Rules and Regulations established herein may be
					 amended, from time to time, as may, in the opinion of the NBC, be necessary.
					 Whenever the NBC shall amend any such Rules and Regulations, it shall do so and
					 give notice of such amendment in accordance with the procedures outlined in
					 R.I. Gen. Laws § 4235-1
et seq.
and R.I. Gen. Laws §
										46-25-1
et seq.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 1 - Use of the Wastewater Facilities › Section 835-RICR-20-00-1.14 - Septage Discharge Permit System

Current through June 14, 2024
1.14.1
Septage Permitting System
A.
				 Licensed septage haulers shall obtain a valid permit from the NBC and comply
				 with all the conditions of this permit and this Part. The permit may be
				 suspended or revoked according to the policies outlined in §
											1.8     of this Part. Haulers
				 shall apply for this permit on forms provided by the NBC and shall submit,
				 together with the permit fee, an application containing the following
				 information:
1. Name, company name, address,
				 telephone number;
2. Vehicle
				 identification, make, and capacity;
3. Copy of septage hauler's license from the
				 Rhode Island Department of Environmental Management;
4. Any additional information requested by
				 the NBC;
5. Signed and notarized
				 statement certifying that the information presented in the application is
				 correct.
Rhode Island Code of Regulations › Title 835 - Narragansett Bay Commission › Chapter 20 - Sewer Usage › Subchapter 00 - N/A › Part 2 - Customer Services Rules and Regulations › Section 835-RICR-20-00-2.1 - Purpose and Authority

Current through June 14, 2024
These Rules and Regulations shall be referred to as
					 Customer Services Rules and Regulations and are intended to ensure the proper
					 billing, dispute resolution, and collection of the sewer use fees of the
					 Narragansett Bay Commission ("NBC"). The following Customer Services Rules and
					 Regulations are adopted by the NBC pursuant to R.I. Gen. Laws §
										46-25-1
et seq
.
					 In the event of future wastewater facility acquisitions and/or annexations to
					 the NBC, the Customer Services Rules and Regulations shall become incorporated
					 by reference therein and binding thereon, and all previous Rules and
					 Regulations associated with customer services related to billing, dispute
					 resolution and collection of fees of said facility shall be abolished.