Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 10 - Wastewater And Storm Water › Part 8 - Stormwater Management, Design and Installation Rules › Section 250-RICR-150-10-8.16 - Minimum Standard 10: Construction Activity Soil Erosion, Runoff, Sedimentation, and Pollution Prevention Control Measure Requirements

Current through June 14, 2024
A. Soil Erosion and sedimentation control
				  measures must be utilized during the construction phase as well as during any
				  land disturbing activities.
B. All
				  soil erosion, runoff, sedimentation, and construction activity pollution
				  prevention control measures must be designed and implemented in accordance with
				  the SESC Plan requirements outlined in the Performance Criteria in §
										8.16(D) of
				  this Part. The Rhode Island Soil Erosion and Sediment Control Handbook provides
				  the recommended and primary means to achieve the performance criteria. The
				  component of the Stormwater Management Plan that addresses this standard is
				  referred to as a SESC Plan.
C. For
				  all land disturbance activities that require a permit from the RI DEM or the
				  CRMC, a qualified SESC Plan preparer shall be a Rhode Island Registered
				  Professional Engineer, a Certified Professional in Erosion and Sediment
				  Control, a Certified Professional in Storm Water Quality, or a Rhode Island
				  Registered Landscape Architect who certifies that the SESC Plan meets the
				  Performance Criteria in §
										8.16(D) of
				  this Part. The Preparer shall have the specific credentials and experience
				  needed to select the appropriate practices for the application. If the project
				  involves significant land grading or requires an engineered site design, then
				  the SESC Plan must be prepared by a Professional Engineer licensed in the State
				  of RI.
D. SESC measures must be
				  utilized during the construction phase as well as during any land disturbing
				  activities. Owners and operators must design, install, and maintain effective
				  soil erosion, runoff, and sediment controls. SESC plans must document how the
				  proposed activities are consistent with the following Performance Criteria:
1. Avoid and Protect Sensitive Areas and
				  Natural Features: Areas of existing and remaining vegetation and areas that are
				  to be protected during construction must be clearly marked on the plans.
				  Throughout planning, design, and construction the Applicant must demonstrate
				  that the activities are consistent with §
											8.7 of this Part (Minimum
				  Standard 1, Low Impact Development Site Planning and Design
				  Strategies).
2. Minimize Area of
				  Disturbance:
a. Limits of Disturbance (LOD)
				  shall be clearly marked on all SESC plans. The SESC Plan must identify how the
				  Applicant has minimized the area of disturbance by locating sites in less
				  sensitive areas in accordance with §
												8.7 of this Part (Minimum
				  Standard 1, Low Impact Development Site Planning and Design
				  Strategies).
b. Construction
				  activity shall be phased to minimize the amount of area that is being actively
				  disturbed. Activities disturbing greater than five acres must include phasing
				  in combination with other controls.
c. Adequate temporary controls must be
				  installed on previous phases prior to initiating the land disturbance in
				  subsequent phases until final site stabilization is achieved and
				  post-construction control measures are brought on-line.
3. Minimize the Disturbance of Steep Slopes:
				  Construction activities should be avoided on steep slopes to the Maximum Extent
				  Practicable to comply with §
											8.7 of this Part.
4. Preserve Topsoil: Site owners and
				  operators must preserve existing topsoil on the construction site to the
				  maximum extent feasible and as necessary to support healthy vegetation. If it
				  is determined that preserving native topsoil is infeasible, the reasons why
				  this was determined must be addressed in the SESC Plan.
5. Stabilize Soils: Stabilization of
				  disturbed areas must, at a minimum, be initiated immediately whenever any
				  clearing, grading, excavating or other earth disturbance activities have
				  permanently ceased on any portion of the site, or temporarily ceased on any
				  portion of the site and will not resume for a period exceeding 14 calendar
				  days. Stabilization must be completed using vegetative stabilization measures
				  or using alternative measures whenever vegetative measures are deemed
				  impracticable or during periods of drought. All disturbed soils exposed prior
				  to October 15th shall be seeded by that date. Any such areas which do not have
				  adequate vegetative stabilization by November 15th must be stabilized through
				  the use of non-vegetative erosion control measures. If work continues within
				  any of these areas during the period from October 15th through April 15th, care
				  must be taken to ensure that only the area required for that day's work is
				  exposed, and all erodible soil must be restabilized within 5 working days. In
				  limited circumstances, stabilization may not be required if the intended
				  function of a specific area of the site necessitates that it remain
				  disturbed.
6. Protect Storm Drain
				  Inlets: If there is a stormwater discharge from the construction site to a
				  storm drain inlet under the project's control, the site owner and operator must
				  install inlet protection measures that remove sediment from discharge prior to
				  entry into the storm drain inlet. The operator must clean, or remove and
				  replace, the protection measures as sediment accumulates, the filter becomes
				  clogged, and/or performance is compromised. Accumulated sediment adjacent to
				  the inlet protection measures must be removed by the end of the same work day
				  in which it is found or by the end of the following work day if removal by the
				  same work day is not feasible.
7.
				  Protect Storm Drain Outlets: Outfall protection must be used to prevent scour
				  and erosion at discharge points through the protection of the soil surface,
				  reduction of discharge velocity, and the promotion of infiltration.
8. Establish Temporary Controls for the
				  Protection of Post-Construction Stormwater Control Measures: Temporary measures
				  shall be installed to protect permanent or long-term stormwater control and
				  treatment measures as they are installed and throughout the construction phase
				  of the project so that they will function properly when they are brought
				  online. The plan shall identify areas where infiltration measures are proposed
				  and provide measures to restrict construction activity to prevent compaction of
				  the area. In cases where this is not possible to avoid the area the Plan must
				  include methods to restore the infiltration capacity of the soils.
9. Establish Sediment Barriers: Sediment
				  control measures must be installed along the perimeter areas of the site that
				  will receive stormwater from earth disturbing activities. The Rhode Island Soil
				  Erosion and Sediment Control Handbook provided the recommended and primary
				  means to achieve this performance criteria.
10. Divert or Manage Run-on from Up-gradient
				  Areas: Structural control measures must be used to limit stormwater flow from
				  coming onto the project area, and to divert and slow on-site stormwater flow
				  from exposed soils to limit erosion, runoff, and the discharge of pollutants
				  from the site.
11. Properly Design
				  Constructed Stormwater Conveyance Channels: Temporary conveyance practices must
				  be sized to handle the peak flow from the 10-year, 24-hour Type III design
				  storm. Temporary conveyance measures may be required to be sized to handle the
				  peak flow from larger design storms as determined on a case-by-case
				  basis.
12. Retain Sediment On-Site
a. The SESC Plan shall contain a combination
				  of practices that control erosion, control run-off, and control sediment. The
				  combination of practices must be designed to prevent discharges of sediment.
				  All plans shall include inlet protection, construction entrances, and
				  containment of stockpiled materials.
b. For Disturbed Areas <1 Acre: Those
				  areas with a common drainage location that serves an area with less than 1 acre
				  disturbed at one time, a combination of phasing, stabilization and conveyances
				  that provide run-off control will be sufficient.
c. For Disturbed Areas 1 to 5 Acres: Those
				  areas with a common drainage location that serves an area between 1 and 5 acres
				  disturbed at one time, a temporary sediment trap must be provided where
				  attainable and where the sediment trap is only intended to be used for a period
				  of 6 months or less. For longer term projects with a common drainage location
				  that serves between 1 and 5 acres disturbed at one time, a temporary sediment
				  basin must be provided where attainable. Temporary sediment trapping practices
				  must be sized to have a total storage volume capable of storing 1 inch of
				  runoff from the contributing area or 134 cubic yards per acre of drainage area.
				  A minimum of 50% of the total volume shall be storage below the outlet (wet
				  storage). The Rhode Island Soil Erosion and Sediment Control Handbook provides
				  the recommended and primary means to achieve this performance
				  criteria.
d. For Disturbed Areas
				  > 5 Acres: Those areas with a common drainage location that serves an area
				  with greater than 5 acres disturbed at one time, a temporary (or permanent)
				  sediment basin must be provided where attainable until final stabilization of
				  the site is complete. The Rhode Island Soil Erosion and Sediment Control
				  Handbook provides the recommended and primary means to achieve this performance
				  criteria. The volume of wet storage shall be at least twice the sediment
				  storage volume and shall have a minimum depth of 2 feet. Sediment storage
				  volume must accommodate a minimum of 1 year of predicted sediment load. See the
				  sediment volume formula in the Rhode Island Soil Erosion and Sediment Control
				  Handbook as the recommended and primary means to achieve this performance
				  criteria. In addition to sediment storage volume and wet storage volume, the
				  sediment basin shall provide adequate residence storage volume to provide a
				  minimum 10 hours residence time for a 10 -year frequency, 24 hour duration,
				  Type III distribution storm. To the maximum extent practicable, outlet
				  structures must be utilized that withdraw water from the surface of temporary
				  sedimentation basins, if required or specified by the designer, for the purpose
				  of minimizing the discharge of pollutants. Exceptions may include periods of
				  extended cold weather, where alternative outlets are required during frozen
				  periods. If such a device is infeasible for portions of or the entire
				  construction period justification must be made in the SESC Plan.
13. Control Temporary Increases in
				  Stormwater Velocity, Volume, and Peak Flows:
a. The Plan must identify all discharge
				  points and propose a combination of practices to ensure control of both peak
				  flow rates and total runoff volume to minimize flooding, channel erosion, and
				  stream bank erosion in the immediate vicinity of discharge points. The plan
				  must identify if discharge points from the site discharge directly to a surface
				  water or to an off-site conveyance. The designer must ensure that the proposed
				  combination of practices are adequate to protect the receiving waters and
				  downstream conveyances from the excessive velocities that would cause scouring
				  or channel erosion.
b. In most
				  cases, the combination of practices that control erosion, control run-off, and
				  control sediment used to retain sediment on-site will be adequate to control
				  temporary increases in volume and peak flows. However, the designer must
				  evaluate if conditions warrant the use of additional retention/detention
				  practices beyond those required to address §
												8.16(D)(12)
				   of this Part. The evaluation must include a
				  description of site conditions and proposed on-site controls and conveyances
				  for all discharge points. For those projects proposing a common drainage
				  location that serves an area with greater than 5 acres disturbed at one time,
				  the approving agency may require peak flow control on a case-by-case
				  basis.
14. Construction
				  Activity Pollution Prevention Control Measures: The SESC Plan must describe the
				  pollution prevention measures that will be implemented to control pollutants in
				  stormwater. The owner and operator must design, install, implement, and
				  maintain effective pollution prevention measures to minimize the discharge of
				  pollutants. The Rhode Island Soil Erosion and Sediment Control Handbook
				  provides the recommended and primary means to achieve this performance
				  criteria.
15. Control Measure
				  Installation, Inspections, Maintenance, and Corrective Actions:
a. The installation of temporary erosion,
				  runoff, sediment, and pollution prevention control measures must be completed
				  by the time each phase of earth-disturbance has begun.
b. Construction sites must be inspected by or
				  under the supervision of the owner and operator at least once every 7 calendar
				  days and within 24 hours after any storm event which generates at least 0.25
				  inches of rainfall per 24 hour period and/or after a significant amount of
				  runoff.
c. If an inspection reveals
				  a problem, the operator must initiate work to fix the problem immediately after
				  discovering the problem, and complete such work by the close of the next work
				  day, if the problem does not require significant repair or replacement, or if
				  the problem can be corrected through routine maintenance.
d. When installation of a new control or a
				  significant repair is needed, site owners and operators must ensure that the
				  new or modified control measure is installed and made operational by no later
				  than 7 calendar days from the time of discovery where feasible. If it is
				  infeasible to complete the installation or repair within 7 calendar days, the
				  reasons why it is infeasible must be documented in the SESC Plan along with the
				  schedule for installing the stormwater control measure(s) and making it
				  operational as soon as practicable after the 7-day timeframe.
e. If corrective actions are required, the
				  site owner and operator must ensure that all corrective actions are documented
				  on the inspection report in which the problem was first discovered. Corrective
				  actions shall be documented, signed, and dated by the site operator once all
				  necessary repairs have been completed.