Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 150 - Water Resources › Subchapter 20 - Financial Assistance › Part 5 - Rules and Regulations for the Narragansett Bay and Watershed Restoration Bond Fund (250-RICR-150-20-5) › Section 250-RICR-150-20-5.6 - Definitions

Current through June 14, 2024
A. As used in these rules and regulations the
				  following definitions will apply:
1.
				  "Applicant" means any person or persons applying for monies under these rules
				  and regulations.
2. "Aquatic
				  habitat" means an area where water is present and provides direct support for a
				  given species, population or community. An aquatic habitat can be classified as
				  non-flowing waters such as pools, ponds and lakes, slowly flowing such as
				  marshes and swamps, or flowing such as streams and rivers. Aquatic habitats can
				  be freshwater, saltwater or brackish in nature.
3. "Construction" means the building,
				  alteration, rehabilitation, improvement, or extension of a project, including
				  the necessary planning, design and engineering associated with the specific
				  project.
4. "Department" means the
				  Department of Environmental Management (DEM).
5. "Director" means the Director of the
				  Department of Environmental Management or his or her designee to whom the
				  Director has delegated powers and duties vested in the Director by these
				  regulations.
6. "Facility" means
				  any building, structure and operation, including land or appurtenances thereto,
				  on one contiguous site.
7. "Flood"
				  means an unusual accumulation of water above the ground caused by high tide,
				  heavy rain, melting snow or rapid runoff from paved areas.
8. "Flood mitigation" means the
				  implementation of actions to reduce or eliminate the long-term risk of
				  flood-damage to buildings, other structures and infrastructure.
9. "Floodplain" means the land area adjacent
				  to a river, stream or flowing body of water that is, on average, likely to be
				  covered with flood waters resulting from a one hundred (100) year frequency
				  storm. A one-hundred year storm is one that is to be expected to be equaled or
				  exceeded once in one hundred years; or may be said to have a one percent (1%)
				  probability of being equaled or exceeded in any given year.
10. "Fund" means the Narragansett Bay and
				  Watershed Restoration Fund, as established by these regulations.
11. "Governmental entity" means any Rhode
				  Island state or local governmental body or Rhode Island state agency and any
				  entity publicly funded, appointed or otherwise organized by federal, RI state
				  or local government for governmental purposes.
12. "Grant" means money given to eligible
				  entities with no repayment due if the grantee is in substantial compliance with
				  all terms of the grant.
13.
				  "Non-Governmental entity" means any for-profit business, non-profit
				  organization, private college or university, public utility and incorporated
				  individual located in Rhode Island.
14. "Nonpoint source pollution" means
				  pollution from failing or sub-standard individual subsurface disposal systems;
				  erosion from construction sites, agricultural fields and other disturbed areas;
				  leachate and runoff from streets and other paved areas, landfills, lawns,
				  agricultural fields, silviculture and livestock operations and other such
				  pollution originating from diffuse sources.
15. "Permit" means an authorization, license
				  or equivalent control document issued by the Department to implement
				  regulations promulgated by the Department.
16. "Person" means an individual, trust,
				  firm, joint-stock company, corporation (including a quasi-governmental
				  corporation), partnership, association, syndicate, municipality, municipal or
				  state agency, fire district, club, non-profit agency or any subdivision,
				  commission, department, bureau, agency or department of state or federal
				  government (including quasi-governmental corporation) or of any interstate body
				  and any agent or employee thereof.
17. "Pollutant" means any material or
				  effluent which may alter the aesthetic, chemical, physical, biological, or
				  radiological characteristic and/or integrity of water, including but not
				  limited to, dredged spoil, solid waste, incinerator residue, sewage, garbage,
				  sewage sludge, munitions, chemical wastes, biological materials, heat, wrecked
				  or discarded equipment, rock, sand, cellar dirt and industrial, municipal, or
				  agricultural waste, and other wastes, petroleum or petroleum products,
				  including but not limited to oil.
18. "Pollution" means the manmade or
				  man-induced non-beneficial alteration of the aesthetic, physical, chemical,
				  biological, radiological or thermal integrity of an aquatic
				  ecosystem.
19. "Project" means an
				  action or facility that corrects, substantially reduces, or prevents pollution,
				  or restores a riparian buffer or aquatic habitat, or increases the resiliency
				  of natural habitats to prevent and mitigate flooding.
20. "Resiliency" means the capacity of a
				  system potentially exposed to hazards to adapt in order to reach and maintain
				  an acceptable level of functioning.
21. "Riparian buffer" means an area of land
				  adjacent to rivers, streams, lakes, ponds and coastal waters that is maintained
				  in a natural condition and is integral to the ecology of aquatic
				  systems.
22. "Stormwater" means
				  precipitation induced runoff or snowmelt.
23. "Total maximum daily load" or "TMDL"
				  means the amount of a pollutant that may be discharged into a waterbody and
				  still maintain water quality standards. The TMDL is the sum of the individual
				  wasteload allocations for point sources and the load allocations for nonpoint
				  sources and natural background taking into account a margin of
				  safety.