reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.7 - Prohibitions

Current through June 14, 2024
A. No repair of a high hazard dam or
				  significant hazard dam shall occur until plans and specifications of the
				  proposed work have been filed with and approved by the Director in accordance
				  with these rules and regulations.
B. No repair of a low hazard dam shall occur
				  without approval of the Director in accordance with the Wetlands regulations
				  unless specifically exempted under the Wetlands regulations.
C. No maintenance of a high hazard dam or
				  significant hazard dam shall occur without approval of the Director unless
				  specifically exempted under these rules and regulations.
D. No maintenance of a low hazard dam shall
				  occur without approval of the Director in accordance with the Wetlands
				  regulations unless specifically exempted under the Wetlands
				  regulations.
E. No new
				  construction, substantial alteration, or removal of a dam shall occur without
				  approval of the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.8 - Registration and Notification

Current through June 14, 2024
A. The owner of a
				  regulated dam shall file with the Department, within sixty (60) days of
				  promulgation of these rules and regulations, a fully completed registration
				  form to be provided by the Director.
B. The owner of a regulated dam shall notify
				  the Director and the local municipality's emergency management authority having
				  jurisdiction, of the transfer of legal title of such dam or a change in the
				  mailing address, telephone number or emergency contact person not later than
				  thirty (30) days after the date of such transfer or change and provide to the
				  Director the new owner, mailing address, telephone number, or emergency contact
				  person.
C. The Director, following
				  receipt of a fully completed registration form, shall issue a certificate of
				  registration to the owner of a regulated dam identifying the proper name,
				  registration number and current hazard classification of the dam.
D. The owner of a regulated dam, upon written
				  request from the Department, shall make available to the Director, all the
				  existing surveys, plans, drawings and reports related to the dam, in possession
				  of or available to the owner, that may be required by the Director for the
				  purposes of dam safety.
E. The
				  owner of a regulated dam, upon written request from the Department, shall
				  prepare all the necessary surveys, plans, drawings and reports related to the
				  dam that may be required by the Director for the purposes of dam
				  safety.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.9 - Hazard Classification

Current through June 14, 2024
A. The Department
				  shall classify each regulated dam in the State as a high hazard dam,
				  significant hazard dam or low hazard dam. The Director shall send a notice of
				  the proposed classification to the registered owner of a dam. The dam owner may
				  contest the proposed classification pursuant to §
										1.15 of this Part. The
				  Director shall maintain a list of all classified dams and shall make the list
				  available to the public.
B. The
				  Director shall examine each regulated dam as often as he or she shall deem
				  necessary to assess whether the dam warrants reclassification.
C. Any person may petition the Director for
				  reclassification of a dam. The petition must be in writing and must include a
				  written report prepared by a qualified engineer that details the findings and
				  analyses that support the engineer's opinion that the dam should be
				  reclassified.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.11 - Inspections

Current through June 14, 2024
A. Scheduled Inspections
1. Regulated dams shall be inspected in
				  accordance with the following schedule. These time periods are the maximum time
				  between inspections and more frequent inspections may be performed at the
				  discretion of the Director.
Hazard Classification
Minimum Inspection Frequency
Type of Inspection
High
2 years
Visual
Significant
5 years
Visual
Low
5 years
Hazard Classification Assessment
2.
				  The Director shall periodically perform or require the owner to perform a
				  visual inspection of all high hazard dams and significant hazard dams. The
				  Director will notify the owner by certified letter in the event that the
				  Department will require the owner to perform a visual inspection of the dam.
				  The owner must then retain a qualified engineer to perform a visual inspection
				  of the dam. Visual inspection by a qualified engineer must be completed within
				  sixty (60) days following receipt of notification from the Director.
3. At any time, the owner may elect to employ
				  the services of a qualified engineer to perform a visual inspection of his or
				  her dam.
4. Whenever the findings
				  of the visual inspection reveal, in the opinion of the Director, that the dam
				  may be unsafe, the owner shall be required to retain a qualified engineer to
				  perform a detailed investigation of the dam and to provide a schedule by which
				  any work needed shall be accomplished. The owner shall be responsible for
				  completing all work required by the Director and in a reasonable time frame
				  required by the Director.
5.
				  Evaluations of regulated, low hazard dams shall be conducted by the Director at
				  least every five (5) years to determine whether conditions have changed over
				  time that warrant raising the hazard classification to significant or high. If
				  the Director determines the classification of a low hazard dam should be raised
				  to significant or high, the owner shall be informed of the classification
				  change in accordance with §
											1.9(B) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.12 - Unsafe Dams

Current through June 14, 2024
A. Whenever the
				  Director determines that a dam is unsafe the Director shall determine whether
				  the water in the reservoir shall be drawn off in whole or in part, and the
				  actions necessary to make the dam safe.
B. The Director shall notify the owner or
				  person maintaining or having control of the dam, by certified mail, that the
				  dam is unsafe, the actions necessary to make the dam safe and a schedule to
				  complete the actions.
C. The
				  Director may notify the owner or person maintaining or having control of the
				  dam, by certified mail that the dam is unsafe after completing his/her own
				  inspection or after receiving an inspection report completed by a qualified
				  engineer.
D. The Director may,
				  pursuant to R.I. Gen. Laws §
										42-17.1-2(ii)(A),
				  issue an immediate compliance order stating the existence of the unsafe
				  condition and the action deemed necessary to correct the unsafe condition. The
				  Director may order the water in the reservoir to be drawn off, in whole or in
				  part. The immediate compliance order shall become effective immediately upon
				  service or within such time as is specified by the Director in such
				  order.
E. Any emergency action
				  taken by the owner or person maintaining or having control of a dam shall
				  immediately be reported by the dam owner to the Director and the
				  municipality(s) in which the dam and reservoir lies. The owner or person
				  maintaining or having control of a dam shall also report, by telephone within
				  twenty-four (24) hours and in writing within three (3) days, the emergency
				  action taken.
F. If water has been
				  drawn off or the dam has been altered pursuant to an order by the Director, the
				  reservoir shall not be refilled without approval of the Director.
G. If the owner or person maintaining or
				  having control of a dam fails to comply with an order of the Director, the
				  Director may also, by summons and complaint, seek to enforce the order in a
				  court of competent jurisdiction.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.13 - Access

Current through June 14, 2024
The Director shall conduct all inspections in accordance
					 with the "Administrative Inspection Guidelines", adopted on January 23, 2003,
					 and any amendments thereto.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.14 - Enforcement Actions

Current through June 14, 2024
As set forth in R.I. Gen. Laws §§
										42-17.1-1 and
					 42-17.6-1 et seq., the Director
					 shall have the power to issue enforcement notices, orders, administrative
					 penalties or other requirements to ensure compliance with these rules and
					 regulations. The Director may also provide written or verbal warning of his/her
					 intent to undertake enforcement action, but is not required to do so. Nothing
					 in these rules and regulations shall limit the authority of the attorney
					 general to prosecute offenders as required by law. The Department shall forward
					 a copy of the enforcement notices and/or orders to recognized watershed
					 councils in accordance with the "Rules and Regulations of the Rhode Island
					 Rivers Council for Watershed Council Grants and Notification of Proposed
					 Actions to Watershed Councils" and the municipality wherein the dam is located.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.15 - Appeals

Current through June 14, 2024
A. The procedures for appeal of Departmental
				  decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are
				  contained in Part 10-00-1 of this Title, the " Rules and Regulations for the
				  Administration Adjudication Division ".
B. Within thirty (30) days of the receipt of
				  a decision from the Department regarding an application for repair of a dam or
				  hazard classification of a dam, the owner may request an adjudicatory hearing
				  to appeal the decision, or portions thereof. The request for an adjudicatory
				  hearing must be in writing, must comply in form and content for such requests
				  as required by Part 10-00-1 of this Title, the "Rules and Regulations for the
				  Administration Adjudication Division", and must be filed directly with the
				  Administrative Adjudication Division (AAD) of the Department. A copy of such
				  request must also be forwarded to the Dam Safety Program. A request for an
				  adjudicatory hearing automatically stays any contested approval issued for
				  repair of a dam. It shall be the dam owner's burden to demonstrate by a
				  preponderance of the evidence that the application as proposed or hazard
				  classification is consistent with the purposes of the law, complies with these
				  rules and regulations and protects the public, real property and natural
				  resources.
C. Any person who has
				  received a Notice of Violation (NOV) alleging violation of these rules and
				  regulations, or whose approval has been suspended or revoked, may appeal to the
				  Director for review of the decision on which the NOV, suspension or revocation
				  is based by filing an appeal with AAD.
1.
				  Filing of Appeal - All appeals shall be in writing and shall be filed with and
				  received by AAD within twenty (20) days after the date of receipt of the
				  subject NOV, or within thirty (30) days after receipt of the revocation or
				  suspension.
2. Contents of Appeal -
				  Every appeal shall contain a detailed basis upon which the appeal is
				  taken.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.16 - Severability

Current through June 14, 2024
If any provision of these rules and regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the rules and
					 regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.17 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these rules and regulations, all
					 previous Rules and Regulations for Dam Safety filed with the Secretary of State
					 on December 20, 2007 shall be superseded. However, 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 130 - Compliance and Inspection › Subchapter 05 - Dam Safety › Part 1 - Rules and Regulations for Dam Safety (250-RICR-130-05-1) › Section 250-RICR-130-05-1.18 - Appendix I: Impact Avoidance and Minimization

Current through June 14, 2024
A. Rhode
				  Island's Freshwater Wetlands Act (R.I. Gen. Laws §
										2-1-18, et seq.) and Water
				  Pollution Act (R.I. Gen. Laws §
										46-12-1, et seq.) require the
				  Director to protect freshwater wetland values and water quality, respectively.
				  It is important for the dam owner to recognize the Director's responsibilities
				  under these laws and to plan his/her repair projects to minimize any negative
				  impacts to freshwater wetlands and water quality values. In particular, the dam
				  owner must:
1. Minimize the impacts from
				  lowering the water elevation in a reservoir during a repair project, such as by
				  installing a temporary cofferdam. This is necessary to reduce detrimental
				  impacts to fish and wildlife associated with the wetland environment and to
				  reduce loss of aquatic vegetation that serves as wildlife habitat. In the event
				  that a dam owner is unable to install controls to maintain water in the
				  reservoir to assist in protecting fish and wildlife habitat, the dam owner must
				  specifically inform the Director of this situation and document in writing why
				  water is not proposed to be maintained upstream of the dam during the repair
				  activity. Efforts must be made to avoid drawdowns between April 15 to July 1,
				  and to avoid significant drawdowns between October 15 and March 15.
2. Use best management practices regarding
				  the installation of sediment and erosion controls to prevent sediment from
				  entering adjacent waters of the state.
3. Minimize construction disturbance so as to
				  keep disturbed soils and areas subject to erosion to a minimum.
4. Prevent any hazardous substances injurious
				  to aquatic life used during the repair activity from entering any adjacent
				  water and freshwater wetlands.
5.
				  Stabilize all disturbed soils following construction activities to ensure
				  erosion will not take place.
6.
				  Minimize clearing of vegetation to that necessary to conduct the project and
				  remove the slash material from adjacent freshwater wetlands and water
				  bodies.
7. Use only the amount of
				  fill of other material necessary to complete the project and minimize the
				  placement of material in any flood plain.
8. Replace, restore or mitigate alterations
				  to freshwater wetlands as deemed necessary in the opinion of the
				  Department.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.1 - Purpose

Current through June 14, 2024
These rules and regulations establish requirements for
					 implementation of R.I. Gen. Laws Chapter 46-19.1, "Dam
					 Permits".
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.2 - Authority

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 the requirements and provisions of R.I. Gen. Laws Chapters 42-17.1, "Department
					 of Environmental Management," 42-17.6, "Administrative Penalties for
					 Environmental Violations", and 46-19.1, "Dam Permits" in accordance with the
					 provisions of R.I. Gen. Laws Chapter 42-35, "Administrative Procedures
					 Act."
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.3 - Administrative Findings

Current through June 14, 2024
A. Consistent with
				  R.I. Gen. Laws Chapter 46-19.1, these rules and regulations are applicable to
				  Dams that have the capacity to store greater than one thousand four hundred
				  (1,400) normal storage Acre feet of water and have a Control structure and do
				  not impound water for a public water supply system as defined in R.I. Gen. Laws
				  §
										46-13-2. Given that applicability,
				  the Department makes the following findings:
1. There are six Dams which are
				  Jurisdictional Dams under these rules and regulations. These are:
a. Pascoag Reservoir Upper Dam identified as
				  Dam State Identification Number 016 and located in Burrillville, Rhode Island.
				  The Dam has the capacity to store 5,000 normal storage Acre feet.
b. Flat River Reservoir Dam identified as Dam
				  State Identification Number 167 and located in Coventry, Rhode Island. The Dam
				  has the capacity to store 4,195 normal storage Acre feet.
c. Waterman Lake Dam identified as Dam State
				  Identification Number 111 and located in Smithfield, Rhode Island. The Dam has
				  the capacity to store 2,430 normal storage Acre feet.
d. Stillwater Reservoir Dam identified as Dam
				  State Identification Number 108 and located in Smithfield, Rhode Island. The
				  Dam has the capacity to store 2,400 normal storage Acre feet.
e. Slatersville Reservoir Upper Dam
				  identified as Dam State Identification Number 043 and located in North
				  Smithfield, Rhode Island. The Dam has the capacity to store 1,970 normal
				  storage Acre feet.
f. Olney Pond
				  Dam identified as Dam State Identification Number 102 and located in Lincoln,
				  Rhode Island. The Dam has the capacity to store 1,490 normal storage Acre
				  feet.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.4 - Application

Current through June 14, 2024
The terms and provisions of these rules and regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.6 - Jurisdictional Dams Owned and/or Operated by a Dam Management District

Current through June 14, 2024
A. For these rules and regulations, a city or
				  town that created a Dam Management District in accordance with R.I. Gen. Laws
				  Chapter 45-62 for a Jurisdictional Dam can substitute itself for the Dam
				  Management District and accept all responsibility and liability for compliance
				  with these rules and regulations.
B. The city or town shall notify the
				  Department in writing that it:
1. Created the
				  Dam Management District in accordance with R.I. Gen. Laws Chapter 45-62 for the
				  Jurisdictional Dam;
2. Is formally
				  substituting itself for the Dam Management District for the purposes of
				  compliance with these rules and regulations; and
3. Accepts all responsibility and liability
				  for compliance with these rules and regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.7 - Prohibition

Current through June 14, 2024
A. No Owner or Operator of a Jurisdictional
				  Dam shall operate the Dam in a manner that is inconsistent with its historic
				  use, as determined by the Department, until such time as a Dam operation permit
				  is issued.
B. No Owner or Operator
				  of a Jurisdictional Dam shall operate the Dam in a manner that does not comply
				  with the terms and conditions of a Dam operation permit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.8 - Dam Operation Permit

Current through June 14, 2024
A. Application
				  Submittal Requirements
1. Within sixty days of
				  the effective date of these rules and regulations the Owner and Operator of a
				  Jurisdictional Dam shall jointly apply to the Department for a Dam operation
				  permit, except if an Owner cannot be legally identified, in which case the
				  Operator shall apply solely. Applications shall be in writing and on a form
				  prescribed by the Department and shall contain such documentation and
				  information as the Department may require, which shall include, but is not
				  limited to, the following:
a. A locus map
				  indicating the location of the Dam in relation to other fixed infrastructure in
				  the community such as roads, etc.
b. An operating plan that describes how water
				  will be managed behind and below the Dam, to achieve as nearly as is
				  practicable overall Historic Use, which must include, but is not limited to,
				  release rates from the Dam, water levels behind the Dam, and time periods and
				  criteria for raising and lowering water levels behind the Dam, including
				  downstream release rates and rates of surface elevation changes. The plan must
				  also include:
(1) How the water will be
				  managed during Extreme events to maintain the Dam in a safe condition and an
				  assessment by a Qualified engineer (or at the discretion of the Department, a
				  Department dam engineer) that the operation will not affect the safety of the
				  Dam.
(2) How the water will be
				  managed during low flows and drought.
c. Documentation that identifies how water
				  has Historically been managed behind and below the Dam.
d. Documentation that identifies recreational
				  activities that have Historically occurred behind and below the Dam.
e. Contact name and telephone number of
				  Person(s) responsible for the management of the water behind and below the
				  Dam.
f. Monitoring that will be
				  performed and records that will be maintained to document how water will be
				  managed behind and below the Dam.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.9 - Access

Current through June 14, 2024
The Department shall conduct all inspections in accordance
					 with the Administrative Inspection Guidelines (Part 20-00-3 of this Title), as
					 amended.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.10 - Enforcement

Current through June 14, 2024
Pursuant to R.I. Gen. Laws §§
										42-17.1-2 et seq.,
					 42-17.6-1
et seq.
, and the Rules and Regulations for Assessment
					 of Administrative Penalties (Subchapter 00 of Part 1 of this Chapter), the
					 Department has the authority to issue enforcement notices, orders,
					 administrative penalties, or other requirements to ensure compliance with these
					 rules and regulations. The Department may also provide written or verbal
					 warning of its intent to undertake enforcement action but is not required to do
					 so. Nothing in these rules and regulations shall limit the authority of the
					 Attorney General to prosecute offenders as required by law. The Department
					 shall forward a copy of the enforcement notices and/or orders to recognized
					 watershed councils in accordance with Watershed Council Grants and Notification
					 of Proposed Actions to Watershed Councils (660-RICR-00-00-1), as amended, and
					 the municipality wherein the Dam is located.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.11 - Appeals

Current through June 14, 2024
A. The procedures for appeal of Department
				  decisions pursuant to the provisions of R.I. Gen. Laws Chapter 42-35 are
				  contained in the Rules and Regulations for the Administration Adjudication
				  Division (Part 10-00-1 of this Title).
B. Within thirty days of the receipt of a
				  decision from the Department regarding an application for a Dam operation
				  permit, the Owner or Operator may request an adjudicatory hearing to appeal the
				  decision, or portions thereof. The request for an adjudicatory hearing must be
				  in writing, must comply in form and content for such requests as required by
				  Rules and Regulations for the Administration Adjudication Division (Part
				  10-00-1 of this Title) and must be filed directly with the Administrative
				  Adjudication Division of the Department. A request for an adjudicatory hearing
				  automatically stays any contested Dam operation permit. It shall be the burden
				  of the Owner or Operator to demonstrate by a preponderance of the evidence that
				  the application as proposed is consistent with the purposes of the law,
				  complies with applicable rules and regulations and protects the public, real
				  property, and natural resources.
C.
				  Any Person who receives a notice of violation alleging violation of these rules
				  and regulations, or whose Dam operation permit has been suspended or revoked,
				  may appeal to the Department for review of the decision on which the notice of
				  violation, suspension or revocation is based by filing an appeal in accordance
				  with the Rules and Regulations for the Administration Adjudication Division
				  (Part 10-00-1 of this Title).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 130 - Compliance and Inspection › Subchapter 10 - Dam Operation Permits › Part 1 - Rules and Regulations for Dam Operation Permits › Section 250-RICR-130-10-1.12 - Public Access to Records

Current through June 14, 2024
A. Information,
				  forms, or other materials related to these rules and regulations and actions
				  taken are available at the Department.
B. Access to records on file shall be in
				  accordance with R.I. Gen. Laws §
										38-2-1 et seq. A fee shall be
				  required to cover the costs of copying and may be required to cover the costs
				  of search and retrieval of documents.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.1 - Purpose

Current through June 14, 2024
These Rules and Regulations are intended to minimize
					 environmental hazards associated with the operation of Solid Waste Landfills,
					 transfer stations and collection stations, incinerators and resource recovery
					 facilities, waste tire storage and recycling facilities, petroleum-contaminated
					 soil processing facilities, construction and demolition debris facilities, and
					 Organic Waste Recycling Facilities. They are also designed to promote planning
					 and implementation of Solid Waste Management Facilities and Organic Waste
					 Recycling Facilities where necessary and desirable throughout the
					 State.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to the
					 requirements and provisions of R.I. Gen. Laws Chapter 2-1, "Agricultural
					 Functions of Department of Environmental Management", Chapter 2-22, "Rhode
					 Island Soil Amendment Law", Chapter 2-23, "Rhode Island Right to Farm Act",
					 Chapter 5-51, "Rhode Island State Board of Examiners of Landscape Architects",
					 Chapter 23-18.8, "Rhode Island Recycling Act", Chapter 23-18.9, "Refuse
					 Disposal", Chapter 2319, "Rhode Island Resource Recovery Corporation Act",
					 Chapter 23-19.1, "Hazardous Waste Management Act", Chapter 23-23, "Air
					 Pollution", Chapter 2363, "Vehicle Tire Storage and Recycling", Chapter
					 37-15.1, "Hard-to-Dispose Material-Control and Recycling", Chapter 42-17.1,
					 "Department of Environmental Management", Chapter 42-17.6, "Administrative
					 Penalties for Environmental Violations", Chapter 44-27, "Taxation of Farm,
					 Forest, and Open Space Land", and Chapter 46-12, "Water Pollution", in
					 accordance with the provisions of Chapter 42-35, "Administrative Procedures
					 Act."
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.3 - Incorporated Materials

Current through June 14, 2024
A. These
				  Regulations hereby adopt and incorporate 40 C.F.R. Parts 61, 141, 144, 232,
				  257, 258, 261, 264, 265, 280 and 792 (2017) 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. The Federal Guidelines for Risk Assessment
				  (EPA/630/P-03/001F published March 2005) are hereby adopted and
				  incorporated.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.4 - Organization and Method of Operation

Current through June 14, 2024
A. Organization
R.I. Gen. Laws §§
											23-18.9-8 and
					 23-18.9-9, establishes the
					 Department of Environmental Management as the licensing agency for Solid Waste
					 Management Facilities, and grants the Director the authority to establish Rules
					 and Regulations to ensure proper, adequate, and sound solid waste management.
					 R.I. Gen. Laws §
											2-22-5 establishes the Department
					 as the agency for purposes of registering composting facilities and grants the
					 Director the authority to establish Rules and Regulations governing this
					 registration process. R.I. Gen. Laws §
											42-17.1-2(16),
					 grants the Director the authority to establish minimum standards, subject to
					 the approval of the Environmental Standards Board, for permissible types of
					 refuse disposal facilities, the design, construction, operation, maintenance
					 and location of disposal facilities. R.I. Gen. Laws § 4217.1-2(19),
					 authorizes the Department to issue and enforce Rules, Regulations and orders as
					 may be necessary to carry out its duties. R.I. Gen. Laws § 4217.1-2(21)
					 authorizes the Department to give notice of alleged violations of law and to
					 issue compliance orders, where appropriate.
B. Method of Operations and Powers
1. The Department shall adopt, amend,
				  promulgate and enforce such Rules, Regulations and standards with respect to
				  all Solid Waste Management Facilities, Organic Waste Recycling Facilities, and
				  projects to be licensed or registered to further the accomplishment of the
				  purposes of R.I. Gen. Laws Chapters 2-1, 2-22, 2-23, 5-51, 23-18.8, 23-18.9,
				  23-19, 23-19.1, 23-23, 23-63, 37-15.1, 42-17.1, 42-17.6, 44-27, and
				  46-12.
2. The Department shall
				  receive applications from persons desirous of being licensed or registered as a
				  Solid Waste Management Facility, Organic Waste Recycling Facility, or other
				  facility specified by the Rules and Regulations or from applicants desirous of
				  constructing such a facility or installing any equipment in such a facility.
				  The application must be made upon forms provided by the Department and shall
				  also contain such other information as the Department requires, which may
				  include affirmative evidence of ability to comply with such Rules, Regulations
				  and standards as are lawfully prescribed pursuant to R.I. Gen. Laws Chapters
				  2-1, 2-22, 2-23, 5-51, 23-18.8, 23-18.9, 23-19, 23-19.1, 23-23, 23-63, 37-15.1,
				  4217.1, 42-17.6, 44-27, and 46-12.3.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.6 - Prohibitions

Current through June 14, 2024
A. General: No person shall construct,
				  develop, establish, manage, own or maintain a Solid Waste Management Facility
				  or Organic Waste Recycling Facility, without first having obtained approval
				  issued by the Department. No person shall operate a Solid Waste Management
				  Facility or Organic Waste Recycling Facility without first having obtained a
				  license or registration to operate from the Department. Small-Scale Composting
				  Operations are excluded from these requirements.
B. Water
1.
				  Surface Water Pollution: A Solid Waste Management Facility, Organic Waste
				  Recycling Facility, or practice, whether licensed or unlicensed, shall not
				  cause pollution of the waters of the United States so as to violate the Water
				  Pollution Act, 1956, R.I. Gen. Laws Chapter 46-12, or §402 of the Clean
				  Water Act, 33 U.S.C. § 12.51
et seq
.
,
nor
				  shall the facility or practice cause a discharge of dredged material or fill in
				  violation of §404 of the Clean Water Act.
2. Groundwater Pollution: A Solid Waste
				  Management Facility, Organic Waste Recycling Facility, or practice, whether
				  licensed or unlicensed, shall not cause pollution of groundwater beyond the
				  licensed, registered or operational area of the facility. In addition, the
				  facility shall comply with the requirements of the Clean Water Act,
				  33 U.S.C. §
												1251
et seq.,
and the
				  Regulations adopted pursuant to the Act, specifically
				  40 C.F.R. §
												257.3-4 (2017), incorporated above at §
											1.3(A) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.7 - General Requirements and Procedures

Current through June 14, 2024
A. Note: §
										1.7 of this Part does not
				  apply to Small-Scale Composting Operations and Medium-Scale Composting
				  Facilities, except for §
										1.7(F) of
				  this Part.
B. Plans and
				  Specifications
1. Initial Application:
				  Applications for licenses and registrations must include plans and
				  specifications. All applicants, regardless of facility type, must demonstrate
				  their ability to comply with all General Operating Standards set forth in
				  §
											1.9 of
				  this Part, as well as the general requirements in this Rule. Each applicant
				  must also submit all plans and specifications required for the particular type
				  of facility, as enumerated in Parts 2 through 8 of this Subchapter.
2. Renewal Application: Applications for
				  renewal of licenses and registrations must include the submission of the
				  facility's operating plan as required for the particular type of facility
				  enumerated in Parts 2 through 8 of this Subchapter. The operating plan must be
				  updated to include all changes, additions or deletions that have occurred
				  within the last licensing or registration period and that are anticipated for
				  the new licensing or registration period.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.9 - General Operating Standards

Current through June 14, 2024
A. Note: §
										1.9 of this Part does not
				  apply to Small-Scale Composting Operations and Medium-Scale Composting
				  Facilities.
B. Applicability: The
				  following Regulations contained in this Rule shall apply to Organic Waste
				  Recycling Facilities and Solid Waste Management Facilities. In addition,
				  operating Regulations for the particular type of facility must also be complied
				  with as enumerated in these Rules and Regulations.
C. Access
1. Time: Access to the facility shall be
				  limited to the hours in which authorized operating personnel are on duty at the
				  facility. Additional time shall be designated before and after normal operating
				  hours to allow for "housekeeping chores", such as initial and intermediate
				  cover application at sanitary landfills, wind-blown refuse control at all
				  facilities, etc. There shall be no access to the facility for the acceptance of
				  solid waste during these times.
2.
				  Physical Restraints: There shall be gates at all entrances to the facility
				  which will prevent access to the facility, except at such times as permitted
				  under §
											1.9(C)(1) 
				  of this Part. These gates should be locked when the site is unsupervised.
				  Fences will be required around the facility to limit unauthorized
				  access.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.10 - Existing Organic Waste Recycling Facilities and Solid Waste Management Facilities

Current through June 14, 2024
A. Note: §
										1.10 of this Part does not
				  apply to Small-Scale Composting Operations.
B. General Applicability: Existing Organic
				  Waste Recycling Facilities and Solid Waste Management Facilities shall comply
				  with the provisions of these Rules and Regulations on and after the effective
				  date, except for the following:
1. Existing
				  sanitary landfills shall comply with §§2.1.8(B)(8), (9), and (10) of
				  this Subchapter for the placement of new groundwater monitoring wells. Water
				  quality sampling and analysis must be performed in accordance with
				  §§2.1.8(B)(11) and 2.1.8(D) of this Subchapter. Existing sanitary
				  landfills must revise their facility operating plans to comply with these Rules
				  within (6) months of the effective date.
2. Existing sanitary landfills shall comply
				  with §§2.1.9 and 2.2.12 of this Subchapter and §
											1.9(O) of
				  this Part relating to closure of the facility. A revised closure plan in
				  compliance with these Rules must be submitted at the time of the facility's
				  next license renewal date. An existing sanitary landfill that closes prior to
				  its next license renewal date may do so in accordance with its existing
				  approved closure plan.
3. Existing
				  sanitary landfills shall continue to comply with its existing approved
				  operating plan and with the General Operating Standards described in §
											1.9 of this Part and with
				  the Sanitary Landfill Operating Standards described in §
											2.3 of this Subchapter,
				  except for §2.3.2 of this Subchapter. Existing sanitary landfills may
				  continue to operate within the two hundred foot (200') buffer rule only in
				  areas approved in their existing license and operating plan.
4. All lateral expansions into unfilled areas
				  that have also been approved for landfilling in a facility's existing license
				  and operating plan must comply with the liner requirements described in
				  §§
											2.1,
				  2.2, and
				  2.3 of this Subchapter.
				  These liner requirements apply to the placement of wastes in any unfilled
				  licensed areas after October 9, 1993, as required by 40 C.F.R. Parts 257 and
				  258 (2017), incorporated above at §
											1.3(A) of
				  this Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.11 - New Organic Waste Recycling Facilities or Solid Waste Management Facilities

Current through June 14, 2024
Persons proposing new Organic Waste Recycling Facilities or
					 Solid Waste Management Facilities or expansion or modification of existing
					 facilities shall comply with these Rules and Regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.12 - Procedures for Approval or Denial of Variances

Current through June 14, 2024
A.
				  Application for Variance: The application for a license, license renewal,
				  registration, registration renewal or other approval under these Rules and
				  Regulations may include or be amended to include a request for a variance from
				  the provisions of this Subchapter. Such request for a variance shall be in
				  writing and signed by the owner and operator of the facility, and a registered
				  professional engineer.
B. Review
				  by Department: The Director, through the Office of Land Revitalization and
				  Sustainable Materials Management, shall evaluate each request for a variance.
				  Such variance may be granted provided that the Director finds that such
				  variance will not be contrary to the purposes and policy expressed in §
										1.1 of this Part and that
				  alternative methods proposed by the operator fulfill the purposes of the Rule
				  from which a variance is requested. The Director may require a public hearing
				  prior to approving any variance where a substantial question exists as to the
				  environmental or public health impacts of such variance. Denial of such
				  variance may be appealed in accordance with the procedures delineated
				  below.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 140 - Waste and Materials Management › Subchapter 05 - Solid Waste › Part 1 - Rules and Regulations for Solid Waste Management Facilities and Organic Waste Management Facilities › Section 250-RICR-140-05-1.13 - Opportunity for Hearing

Current through June 14, 2024
A. Denials: Any
				  person whose application for a registration, registration renewal, license,
				  license renewal, other approval, or a variance has been denied by the
				  Department, acting through the Office of Land Revitalization and Sustainable
				  Materials Management, may appeal to the Administrative Adjudication Division
				  for review of the decision on which the denial is based.
B. Violations: Any person who has been issued
				  a Notice of Violation of any of the provisions of these Rules and Regulations,
				  may request a hearing from the Department's Administrative Adjudication
				  Division, subject to the provisions of R.I. Gen. Laws §§
										42-17.1-2(21) and
				  42-17.7-9.
C. Time of Filing: All requests for a hearing
				  shall be made in writing and must be filed with the clerk of the Administrative
				  Adjudication Division within twenty (20) calendar days of receipt of any
				  contested enforcement action. All license and registration appeals must be
				  filed with the clerk of the Administrative Adjudication Division within thirty
				  (30) calendar days of receipt of the contested action.
D. Hearings and Administrative Procedures:
				  Pursuant to the authority granted to the Department in R.I. Gen. Laws Chapters
				  42-17.1, 42-17.7, and 42-35, hearings and administrative procedures shall
				  conform to Part 20-00-1 of this Title, the Administrative Rules of Practice and
				  Procedure for the Department of Environmental Management.